Miller v. Widow & Heirs of Menke
Texas Supreme Court
Appeal from. Austin county. H. Miller was appointed assignee of the estate of Theodore Menke (since deceased), by deed of assignment for the benefit of creditors, made December 2, 1880, conveying to him all the property of Menke not exempt from forced sale under the constitution and laws of the state.
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Appeal from. Austin county. H. Miller was appointed assignee of the estate of Theodore Menke (since deceased), by deed of assignment for the benefit of creditors, made December 2, 1880, conveying to him all the property of Menke not exempt from forced sale under the constitution and laws of the state. He sued to subject lots 4 and 5, in block F, in the town of Belleville, Austin county, as assets of the estate conveyed to him by the assignment, for the purpose of distribution among the creditors of Menke. The surviving wife and child of Menke claimed the property as homestead. The judgment of…
1Opinion of the Court
Moore, Chief Justice.
The only question in this case depends for its solution upon the construction which should be given section 51, article XVI, of the constitution, defining an urban homestead. The part of the section of the constitution in question reads as follows: “The homestead in a city, town or village shall consist of lot or lots, not to exceed in value five thousand dollars at the time of their designation as the homestead, without reference to the value of any improvements thereon; provided, that the same shall be used for the purpose of a home, or as a place of exercising the…
2Cases cited1 opinion
- Herman Iken & Co. v. OlenickTexas Supreme Court · 1874
3Cited by25 opinions
- O'NEIL v. MacK Trucks, Inc.Texas Supreme Court · 1976
- Inge v. CainTexas Supreme Court · 1885
- P. J. Willis & Bro. v. MorrisTexas Supreme Court · 1886
- Majeski v. Estate of Majeski, Texas Court of Appeals, 3rd District (Austin)2005
- Fajkus v. First National Bank of GiddingsCourt of Appeals of Texas · 1987
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