Lincoln v. Bennett

(dissenting on rehearing) .

The trend of appellate courts of our state, as well as those of other jurisdictions, to abrogate constitutional provisions to meet exigencies by strained construction and by frivolous, technical, and speculative circumvention, has grown to such an alarming extent that it should be checked. The Constitution means today the same as it did when adopted by the people in conventions, or amended by suffrage. ■ ■

The homestead provisions of our Constitution, Vernon’s Ann. St., were adopted to insure a home for a family — wife and children — safe from debts and speculative…