Bell v. Read

Citations

• 56 S.W. 584
• 23 Tex. Civ. App. 95
• 1900 Tex. App. LEXIS 288

Syllabus

<p>1. Homestead of Insolvent Decedent—Title of Widow and Heirs Hot Absolute.</p> <p>Article 2055 of the Devised Statutes, which provides that should an estate upon final settlement prove to be insolvent, the title of the widow and children to all the property set apart to them, as exempt should be absolute, is held, as to the homestead, to be in contravention o£ article 16, section 52, of the Constitution. Following Zwernemann v. Yon Eosenberg, 76 Texas, 522.</p> <p>2. Same—Undivided Interest of Adult Heirs Subject to Execution.</p> <p>The undivided interest of adult heirs in the homestead of their deceased parents is subject to sale under execution, although the property is still occupied as a homestead by another minor heir not a party to the execution.</p> <p>3. Same—Injunction.</p> <p>An injunction will not lie at the instance of such minor in possession to restrain the sale at execution of the interest of the other adult heirs, since it would not affect her undivided interest in the property, nor operate to dispossess her, nor deprive her of the enjoyment of her homestead right therein.</p>