Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Tyler term, 1885, and the Galveston term, 1886. Volume 65. Page: 76
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76 INGE AND BORING- V. CAIN. [Tyler Term,
Statement of the case.
APPEAL from Gregg. Tried below before Hon. Felix J. MeCord.
This is an ordinary suit of trespass to try title and for damages,
instituted by appellee against W. C. Inge, appellant, and The Mutual
Fire Shielders Association. The land in controversy is described as
follows: A part of the H. McNutt headright survey in Gregg county,
and known and designated upon the map of the town of Longview as
the east half of the north half of lot number six, in lot number
twenty-one.
On July 21, 1885, J. W. Boring, assignee of the estate of T. E.
Kennard, filed his petition of intervention, and claimed the property
by virtue of a deed of assignment from Kennard to himself, which
deed of assignment was executed and delivered on January 20, 1885.
There was situated upon the property in controversy a two-story
brick storehouse. T. E. Kennard, who was a married man and living
with his family on other lots in the same city, occupied the house as
a dry goods store, from March 1, 1882, until January 20, 1885, upon
which last mentioned date he assigned his property-such as was not
exempt-to J. W. Boring for the benefit of his creditors. In connection
with his dry goods business he had been and was carrying. on,
in the building, a fire insurance business, and soon after he made the
assignment he moved his insurance office into the second story of the
storehouse, and there conducted his business until the sale of the
storehouse by himself and wife to appellant Inge, on April 13, 1885.
Both defendants answered plaintiff's petition by general demurrer
and plea of not guilty, and the appellant, W. C. Inge, plead specially
the homestead exemption of the property to T. E. Kennard and wife;
that the deed of trust from T. E. Kennard to A. S. Taylor, trustee
for J. H. Cain, appellee, and the sale thereunder, by virtue of which
appellee claimed title, were void and imperative under the constitution
and law, and passed no title to appellee.
And appellant, Inge, answered the intervenor's petition by general
demurrer and general denial. All parties agreed on the Texas & Pacific
Railway company as common source of title by written instrument.
Appellee deraigned title as follows: Texas & Pacific Railway
company to Boring & Kennard, by deed dated May 19, 1874. J. W.
Boring to T. E. Kennard, by deed dated March 1, 1882. T. E.
Kennard to A. S. Taylor, trustee for J. H. Cain, deed of trust, dated
January 11, 1883. A. S. Taylor, trustee to John H. Cain, by deed
dated April 11, 1885.
Appellant, W. C. Inge, relied upon the same title down to T. E.
Kennard, and claimed title by virtue of a deed from T. E. Kennard
and his wife, Sarah E. Kennard, dated April 13, 1885.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Tyler term, 1885, and the Galveston term, 1886. Volume 65., book, 1886; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28509/m1/92/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .