From Casetext: Smarter Legal Research

Texas Bank Trust Co. v. Teich

Court of Civil Appeals of Texas, Austin
Oct 27, 1926
287 S.W. 666 (Tex. Civ. App. 1926)

Opinion

No. 6953.

October 27, 1926.

Appeal from District Court, Travis County; George Calhoun, Judge.

Action between the Texas Bank Trust Company and E. A. Teich, where the former appeals. On motion by E. A. Teich to require clerk to issue mandate without payment of costs. Motion granted.

Cofer Cofer, of Austin, for appellee.


Motion by appellee to require clerk to issue mandate without payment of costs.

Appellee filed the affidavit required by R.S. 1925, art. 1866. Appellant contested the affidavit, deposing that appellee owned two lots in the city of Austin assessed for taxes at $900. Appellee filed a counter affidavit to the effect that she is the head of a family, consisting of herself and a helpless invalid adult sister whom she supports from her earnings as nurse, that she and her sister live upon the property as a home, and have so lived since 1923. The property, she claims, is therefore homestead. Other than as to this property, appellee has fully complied with article 1866.

That the property is homestead follows from the following as well as other cases in this state. Wolfe v. Buckley, 52 Tex. 641; American Nat. Bank v. Cruger, 31 Tex. Civ. App. 17, 71 S.W. 784 (writ of error refused).

"A litigant need not sell or incumber exempt property, in order to give security for costs on appeal." Boone v. McBee (Tex.Civ.App.) 280 S.W. 295.

Motion granted.


Summaries of

Texas Bank Trust Co. v. Teich

Court of Civil Appeals of Texas, Austin
Oct 27, 1926
287 S.W. 666 (Tex. Civ. App. 1926)
Case details for

Texas Bank Trust Co. v. Teich

Case Details

Full title:TEXAS BANK TRUST CO. v. TEICH

Court:Court of Civil Appeals of Texas, Austin

Date published: Oct 27, 1926

Citations

287 S.W. 666 (Tex. Civ. App. 1926)

Citing Cases

Standard Paving Co. v. Tolson

In such cases they constitute a family, and the sister who is the head of such family is entitled to a…

Real Estate Land Title & Trust Co. v. Street

As early as Roco v. Green, 50 Tex. 483, our Supreme Court laid down a definition of the word "family" as…