Haswell v. Forbes
Court of Appeals of Texas
Ebbob from Grayson. Tried below before Hon. P. B. Muse. 1. The mere use of the rents of a tract of land for the support of the family will hot make such tract the homestead. In order to be a homestead, the land must be used for the purpose of a home, or as a place to exercise the calling or business of the head of the family, or must be used in connection with and appurtenant to the land upon which the family actually resides and owns.
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Ebbob from Grayson. Tried below before Hon. P. B. Muse. 1. The mere use of the rents of a tract of land for the support of the family will hot make such tract the homestead. In order to be a homestead, the land must be used for the purpose of a home, or as a place to exercise the calling or business of the head of the family, or must be used in connection with and appurtenant to the land upon which the family actually resides and owns. Oppenheimer v. Fritter, 79 Texas, 99; Iken y. Olenick, 42 Texas, 195; Keith v. Hyndman, 57 Texas, 425; Evans v. Womack, 48 Texas, 230; Achilles v. Willis, 81…
1Opinion of the Court
RAINEY, Associate Justice.
Plaintiff in error brought this suit to recover of defendants in error 160 acres of land. The land was bought by plaintiff in error at a sale under a trust deed executed by Crow and wife to secure a mortgage company for money borrowed. The defense to the action was homestead exemption. Plaintiff in error was cast in the suit, and complains of the charge of the court in defining what was required to constitute a homestead, as follows: “The homestead of a family not in a town or city shall consist of not more than 200 acres of land, which may be in one or more parcels,…
2Cases cited5 opinions
- Texas Land & Loan Co. v. BlalockTexas Supreme Court · 1890
- Equitable Mortgage Co. v. NortonTexas Supreme Court · 1888
- Houston & Great Northern R. R. v. WinterTexas Supreme Court · 1876
- Blum v. RogersTexas Supreme Court · 1890
- Keith v. HyndmanTexas Supreme Court · 1882
3Cited by12 opinions
- Llewellyn v. First Nat. Bank of LampasasCourt of Appeals of Texas · 1924
- Tiblier v. PerezCourt of Appeals of Texas · 1925
- Blackwell v. LasseterCourt of Appeals of Texas · 1918
- Roberts v. CawthonCourt of Appeals of Texas · 1901
- American Exchange Nat. Bank v. JeffriesCourt of Appeals of Texas · 1931
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