Williams v. Jenkins
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Peter W. Gray. Ellen E. Jenkins, the widow of Henry Jenkins, deceased, made application to the County Court, in behalf of herself and her two minor children, to set apart to them the homestead and other property exempt from forced sale by the constitution and laws of the State.
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Appeal from Galveston. Tried below before the Hon. Peter W. Gray. Ellen E. Jenkins, the widow of Henry Jenkins, deceased, made application to the County Court, in behalf of herself and her two minor children, to set apart to them the homestead and other property exempt from forced sale by the constitution and laws of the State. The homestead consisted of three lots in the city of Galveston, which cost in the aggregate $1500, and were purchased with a view to their constituting a homestead. The residence was built in the year 1854, and was occupied as a homestead until the death of the…
1Opinion of the CourtRoberts, J.
The constitution provides that “ the legislature *305shall have power to protect, by law, from forced sale a certain portion of the property of all heads of families. The homestead of a family, not to exceed two hundred acres of land, (not included in a town or city,) or town or city lot or lots, in value not to exceed two thousand dollars, shall not be subject to forced sale for any debts hereafter contracted, nor shall the owner, if a married man, be at liberty to alienate the same, unless by the consent of the wife, in such manner as the legislature may hereafter point out.” (See. 22, Art. 7,…
2Cited by4 opinions
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- McLane v. PaschalTexas Supreme Court · 1884
- Greeley v. ScottUnited States Circuit Court for the Northern District of Florida · 1875
- Western Mortg. & Inv. Co. v. GanzerCourt of Appeals for the Fifth Circuit · 1894