Legal Opinion

Scottish American Mortgage Co. v. Milner

Court of Appeals of Texas

Decided July 16, 1930No. 3875PublishedCited by 8 opinions

1Opinion of the Court

It is insisted by the appellant that the evidence conclusively established that the portion of the lot on which the smaller house was located was not exempt from forced sale as a part of the homestead, but was subject to seizure and sale. It is well settled that one may as absolutely and clearly abandon a portion of a lot which constitutes the homestead, if the same be done in good faith, by acts certainly evidencing such purpose, as he may abandon the entire homestead by ceasing to use it and never again occupying it as such. But the question is one of intention, to be gathered in each case…

2Cases cited3 opinions

  1. Adkins-Polk Co. v. RhodesTexas Commission of Appeals · 1930
  2. Andrews v. HagadonTexas Supreme Court · 1881
  3. Oppenheimer v. FritterTexas Supreme Court · 1890

3Cited by8 opinions

  1. In the Matter of Kelly P. Bradley, Debtor. Kelly P. Bradley v. Pacific Southwest Bank, FsbCourt of Appeals for the Fifth Circuit · 1992
  2. Tolman v. OverstreetCourt of Appeals of Texas · 1979
  3. Canales v. OliverCourt of Appeals of Texas · 1959
  4. Schwarzer v. Calcasieu Lumber Co.Court of Appeals of Texas · 1943
  5. L. E. Whitham Co. v. KempCourt of Appeals of Texas · 1933

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