Arto v. Maydole

Citations

• 54 Tex. 244
• 1881 Tex. LEXIS 11

Syllabus

<p>1. Homestead.—It is not necessary, under the1 constitution of 1876, that a block of ground enclosed and adjoining one on which a dwelling house stands, should be necessary to the enjoyment of the dwelling house as a homestead, to be protected as a part of the homestead from forced sale. Tlje question is one of fact as to whether it constituted a part of the designated homestead.</p> <p>3. Same.— The fact that such a lot in a town or city may have been used as an approach to. the mansion, or for purposes of ornamentation or pleasure only, would not divest it of its homestead character. The law in such a case would not make the distinction between necessity and convenience determine the homestead character of the property.</p> <p>8. Homestead — Change of court.— See opinion for a charge of the court, which, though abstractly proper, was calculated to mislead the jury, by withdrawing from then- consideration the 'question of fact as to whether certain property was a part of the homestead.</p>