Cline v. Upton

Citations

• 59 Tex. 27
• 1883 Tex. LEXIS 97

Syllabus

<p>1. Judgment — Equity.—In a suit to recover property claimed as homestead by plaintiffs, the defendant alleged and proved the payment of money for the property by him as a purchaser thereof at execution sale, under a judgment against plaintiffs, and prayed that in the event the plaintiffs should he adjudged the owners of the property, that defendant recover judgment for the amount of money so paid, with interest. Held, that the refusal of a charge covering the relief so sought was error, requiring a reversal of the judgment in favor of the plaintiffs for the land.</p> <p>2. Evidence. — The evidence of one claiming homestead rights is admissible to show his intention when removing from the property in which homestead is claimed, as to whether it was with the purpose of abandonment or returning thereto.</p>