Brooks v. Chatham

Citations

• 57 Tex. 31
• 1882 Tex. LEXIS 86

Syllabus

<p>1. Homestead.-—The fact that several tracts of land are distant from each other several miles will not divest either of them of the homestead protection, if they be each used for homestead purposes; but when the rural homestead has been fixed on one of them, there must be such use of the subsequently acquired parcel, to invest it with the homestead character, as would be required to make an original designation of a homestead.</p> <p>2. Same.-—Mere intention to use is not sufficient; if the tract be separated from that on which the home place is located, some act must be done evincing an intention to use it in some way in connection with the home place, for the comfort, convenience or support of the family, or as a place of business for the head of the family. Mere ownership, coupled with an intention at some time to use the detached tract in connection with the home place for homestead purposes, is not sufficient.</p> <p>3. Homestead.— The designation of land for homestead purposes, after the levy of an attachment, cannot protect it from sale under a lien thus acquired.</p> <p>4. Jurisdiction.— In the absence of citation, when jurisdiction over the person is acquired by a voluntary appearance and answer filed, it is not lost by sustaining a demurrer to the answer.</p>