Sampson v. Williamson
Texas Supreme Court
Appeal from Harris. Suit toy the appellants on a note of the husband secured by mortgage upon the homestead. Both the husband and wife wore parties to the mortgage. The petition prayed for judgment for the amount due, and for ‘-a decree foreclosing the cquitj- of redemption in the said mortgaged premisos, and for a sale of the same to satisfy (he said note and interest and costs of suit.”
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Appeal from Harris. Suit toy the appellants on a note of the husband secured by mortgage upon the homestead. Both the husband and wife wore parties to the mortgage. The petition prayed for judgment for the amount due, and for ‘-a decree foreclosing the cquitj- of redemption in the said mortgaged premisos, and for a sale of the same to satisfy (he said note and interest and costs of suit.” The mortgage was in the usual form until after the words "otherwise, it shall remain in full force and effect.” and then continued as follows: "And furthermore, in order in ease said sum of money should not…
1Opinion of the Court
Hemphill, Ch. J.
The first ground for reversal, viz, that the judge erred in sustaining' tlie demurrer to the petition in favor of the defendant Lucretia Williamson involves a question of considerable importance, and that is whether tlie head of a family, if a single man, can mortgage' his homestead to secure the payment of a debt; and if a married mau, whether, with the consent of the wife, he can execute such mortgage.
That the question to be discussed may be the more fully understood, the danse of the Constitution regulating the exemption of the homestead will be cited: “The Legislature…
2Cases cited1 opinion
- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
3Cited by22 opinions
- Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
- City of Dayton v. AllredTexas Supreme Court · 1934
- Jackson v. TemplinTexas Commission of Appeals · 1933
- Wiener v. ZweibTexas Supreme Court · 1912
- Lacy v. RollinsTexas Supreme Court · 1889
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