Achilles v. Willis

• Court: Texas Supreme Court
• Writing for the Court: Gaines
• Citation: Achilles v. Willis, 16 S.W. 746, 81 Tex. 169 (Tex. 1891)
• Decision Date: 22 May 1891
• Parties: ACHILLES <I>et ux.</I> v. WILLIS <I>et al.</I>

16 S.W. 746

ACHILLES et ux. v. WILLIS et al.

Supreme Court of Texas.

May 22, 1891.

Appeal from district court, Travis county; W. M. KEY, Judge.

John R. Peel, for appellants. R. C. Walker, for appellees.

GAINES, J.

This action was brought by appellants to restrain the appellees from selling two lots or parcels of land in the city of Austin, under execution. The plaintiffs claimed that the lots constitute their homestead, and that, therefore, they were exempt from forced sale. On one of the parcels known as "Lot 12," in block 19, was situated a dwelling-house; and the other, called the "Lavaca-Street Property," was distant some three or four blocks from the other, and had upon it a butcher's shop and a part of a stable. The injunction was dissolved as to the latter, but was perpetuated as to the former, lot. The appellees have not assigned errors, and therefore the sole question before us is whether or not the court erred in holding the Lavaca-Street lot subject to forced sale.

The plaintiff Andreas Achilles testified that he bought lot 12, in block 19, as a residence for his family in 1886, and that they moved upon the lot, and made their home there for some three or four months; that he then rented the property, and made his family residence in the second story of a house leased by him, and used as a place of business, but that he never intended to abandon lot 12 as his homestead. He also testified that in 1887 he bought the Lavaca-Street lot, which was on the opposite side of the street from his business house. He also testified "that he used this property as a wood-yard till he failed, in December, 1887; that in January, 1888, his brother, A. H. Achilles, bought the stock of goods from his trustee, and run the business, including the wood-yard business, up to March 31, 1890, till after the levy; that during that time he clerked for his brother and had no interest in the business; * * * that the Lavaca-Street lot has a stable on it, half of the stable being on his lot, and the other half on the adjoining lot; that the middle of the stable is his line, and that the stable runs back east 76 feet; that the stable is about 30 feet wide; that there is a bedroom in the corner of the stable on his part about 8 feet square; that there is a butcher shop in the S. W. corner of his lot about 20½ by 14½ feet, and a shed-room to it, 14½ feet by 8 feet; that the shop and shed-room buildings do not belong to him; that they belong to August Hoecke, and were...