Andrews v. Hagadon

Citations

• 54 Tex. 571
• 1881 Tex. LEXIS 66

Syllabus

<p>1. Homestead.—A homestead in a city, town or village may consist of one or more lots, but there is nothing in the constitution and laws that forces the homestead character on a lot or lots adjoining the one on which the residence is situate. Whether such lot or lots are part of the homestead is a question of fact for the jury, to be determined by the evidence; and there are two requisites that must concur to make them a part of the homestead: 1st. The owner must intend the property as a part of his homestead. 2d. He must in some way use it as such.</p> <p>2. Pact case.—See opinion for facts held not sufficient to invest property claimed as exempt from forced sale, with homestead attributes, and also for facts not sufficient to constitute married children constituents of the family.</p> <p>3. Release.—Part payment by a principal of a note, secured by trust deed, when the payment is made on a verbal promise to extend time of payment on the amount remaining, with no new, independent consideration to support the promise, cannot operate as a release or waiver of right against sureties on the note or to enforce payment by foreclosing the lien created by the trust deed.</p>