Bailey v. Bauknight

• Decision Date: 14 February 1894
• Parties: BAILEY et al. v. BAUKNIGHT.
• Court: Texas Court of Appeals

25 S.W. 56

BAILEY et al. v. BAUKNIGHT.

Court of Civil Appeals of Texas.

February 14, 1894.

Appeal from district court, Bell county; W. A. Blackburn, Judge.

Action by Joel J. Bailey & Co. against R. B. Bauknight to recover possession of certain lots. From a judgment for defendant, plaintiffs appeal. Affirmed.

The other facts fully appear in the following statement by COLLARD, J.:

This suit was brought by the appellants against the appellee for lots 5 and 6, in block 82, in Belton, Tex., and for damages, plaintiffs claiming by judgment against Price & Bauknight, (a firm of which defendant was a member,) execution, levy, sale, and sheriff's deed. Defendant claimed that the property was his homestead, and not subject to sale under execution. Judgment by the court for defendant, from which plaintiffs have appealed.

The judgment against Price & Bauknight for $1,099.44 was of date December 16, 1887, the execution of date November 9, 1891, levy same date, and sheriff's deed of date December 10, 1891. Bauknight's family consisted of himself, wife, and daughter, — a little girl, — and his wife's mother and grandmother. Bauknight bought lot 6, and built a two-story house on it, two rooms below and two above, each about 15 feet square, and an L with two smaller rooms. Bauknight and his family occupied this house as a home until in 1884, when he rented part of it to a Mrs. Nelson to keep boarders, she taking five rooms, for which she was to board Bauknight's wife and daughter, he retaining one room on the first floor, which he and his family occupied as a bedroom. Mrs. Bauknight and the little girl took their meals with Mrs. Nelson, and sometimes Bauknight took his meals there, but paying extra for them. The contract has never been changed. Bauknight and family continued to occupy this room until some time in 1886, when his physician advised his wife that she must have a room with a fireplace. He then bought lot 5, adjoining lot 6, built a house on it of four rooms, which all the family — himself, wife, daughter, and his wife's mother and grandmother—occupied and now live in. His wife and daughter continued to take their meals at the other house, on lot 6, still rented to Mrs. Nelson. His family still retained, used, and uses the room formerly used as a bedroom, in the old home, as a parlor, and sometimes as a bedroom, Mrs. Nelson sometimes using it as a parlor. He has always claimed both houses and lots as his homestead. The lots adjoin, are inclosed in...