Hays v. Porter
Cases that cite this one
4 later published cases cite this decision.
- Cty. Bd., Etc. v. Bullock Common Sch. (Tex. App. 1931)
- County Board of School Trustees of Young County v. Bullock Common School Dist. No. 12 (Tex. App. 1931)
- H. L. Null & Co. v. J. S. Garlington & Co. (Tex. App. 1922)
- Hertzberg v. Beisenbach (Tex. 1885)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is a fatal objection to the plaintiff’s action that she does not appear to have been in possession of the premises, nor does it appear that the homestead had been set apart to her by the court. It seems that her tenant was in possession. If his possession was invaded it was for him, and not the plaintiff, to bi’ing the suit. The verdict was contrary to the evidence, and a new trial should have been granted.
The judgment is reversed and the case remanded.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.