Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 203
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1875.] WRIGHT V. FAWCETT. 203
the erection of a new house upon a part of the lot, and a temporary
leasing of the old house, after the family had moved
from it into the new one, did not exclude that part of the lot
upon which the old house was situated from the protection of
the homestead exemption, and subject it to demands of creditors.
But whatever be the rule upon this subject, as held in the
former decisions of the court, and however much we regret to
find ourselves differing in our conclusions from that recognized
by the court heretofore, we think the language of the constitution
is plain and unmistakable in its meaning, and that it is
our imperative duty to follow and observe it, as we understand
it. In doing which we must hold, that the lot for which the
note in suit was given, was not a part of the homestead of
Kron, and appellees, therefore, failed to show any valid defense
to excuse them from its payment.
The judgment is reversed and the cause remanded.
Reversed and remanded.
L. B. WRIGHT v. WILLIS FAWCETT.
1. CONTESTED ELECTIONS. While the District Court has in its general jurisdiction
the power to try the right to an office, yet the " Act regulating
Contested Elections," May 8, 1873, having prescribed a mode of deciding
cases of contested elections designed to be final, the court have
no authority to adjudicate such cases other than as given by said act.
2, The jurisdiction of the District Court is dependent upon compliance with
the pre-requisites prescribed by the statute in cases of contested elections.
APPEAL from DeWitt. Tried below before the Hon. D. D.
The facts sufficiently appear in the opinion.
T. Z1. Davidson, for appellant.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/211/: accessed February 24, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .