DocketNumber: No. 633.
Citation Numbers: 189 S.W. 988
Judges: HIGGINS, J.
Filed Date: 11/23/1916
Status: Precedential
Modified Date: 1/13/2023
In this case, appellees sought to recover upon certain notes executed by H. V. Carr and R. I. Carr, together with foreclosure of deed in trust given to secure the payment of the notes. Appellant, H. V. Carr, set up a homestead claim to a portion of the land upon which foreclosure was sought. The case was tried before a jury, and a peremptory instruction given in appellees' favor, in accordance wherewith verdict was returned and judgment rendered.
Appellants' only assignment of error complains of the court's action in giving the peremptory instruction, it being asserted that the evidence was sufficient to raise the issue as to whether or not the premises upon which foreclosure was sought was his homestead at the time the lien was attempted to be placed thereon. In Railway Co. v. Dickey,
Chief Justice HARPER does not concur in this view of the majority, being of the opinion that the act in question does not apply to a peremptory instruction. His views upon this question are stated in Thorne v. Dashiell, supra.
But if the giving of the instruction could properly be considered upon its merits, the entire court is of the opinion that such action was proper, since the admitted facts show that appellant was precluded from asserting any homestead rights in the lands upon which foreclosure was sought under the rules announced in Haswell v. Forbes,
Affirmed.
G., T. W. Ry. Co. v. Dickey. , 108 Tex. 126 ( 1916 )
Haswell v. Forbes , 8 Tex. Civ. App. 82 ( 1894 )
Bohn v. Burton-Lingo Co. , 175 S.W. 173 ( 1915 )
Western Union Telegraph Co. v. Huffstutler , 188 S.W. 455 ( 1916 )
Chicago, B. Q. R. v. Wilson , 176 S.W. 619 ( 1915 )
King v. Gray , 175 S.W. 763 ( 1915 )
Donaldson v. McElroy , 184 S.W. 1100 ( 1916 )
Walker v. Haley , 181 S.W. 559 ( 1915 )
W. R. Case Sons Cutlery Co. v. Folsom , 170 S.W. 1066 ( 1914 )
Denison Cotton Mill v. McAmis , 176 S.W. 621 ( 1915 )
Commonwealth Bonding Cas. Ins. v. Bryant , 185 S.W. 979 ( 1916 )
Thorne v. Dashiell , 189 S.W. 986 ( 1916 )
Leslie, Guardian v. Elliott , 26 Tex. Civ. App. 578 ( 1901 )
Watkins Land Mortgage Co. v. Temple , 56 Tex. Civ. App. 65 ( 1909 )
Stephenville, N. S. T. Ry. v. Wheat , 173 S.W. 974 ( 1914 )
Strong v. Harwell , 185 S.W. 676 ( 1916 )