Clements v. Lacy

Citations

• 51 Tex. 150

Syllabus

<p>1. Domicil—Absence—Homestead.—The domicil of the husband draw? to it the legal domicil of the family. The absence of the wife from the State, not designed as an abandonment of the husband, but with his consent and with intent to make his domicil her future home, will not work a forfeiture of her homestead rights.</p> <p>2. Absence of wipe from the State.—The absence of the wife from the State for the purpose of superintending the education of her daughter, works no change in her homestead rights.</p> <p>3. Homestead bight subordinate to vendor’s lien.—It lias long been the settled doctrine of this court, that a homestead is not acquired against parties holding prior equities and incumbrances, until the title to the land on which the homestead is sought to be established has been perfected bjr the payment of the purchase-money, and that all liens accruing before the homestead has been established must be raised, or it will be subject to forced sale for their satisfaction.</p> <p>4. Same—Mode of payment.—As against homestead rights, in the absence of fraud, the husband has the right to renounce lands incumbered to the holders of such liens.</p> <p>5. Same.—A purchaser was involved from purchase-money obligations. To obtain money to meet them he sold the entire tract, and soon after took a retransfer for one-half interest in the land. He had resided on the land: Held, Against the homestead rights of the widow, that the sale passed title to the entire interest.</p> <p>6. Mortgage of homestead.—After the purchase-money was paid, a mortgage by the husband would be subject to the homestead rights of his wife, although in fact she had never occupied the premises with her husband ; her homestead rights not having been forfeited.</p> <p>7. Homestead—Tenant in common.—A homestead may be established on property held by tenancy in common, but not to prejudice the rights of a co-tenant.</p> <p>8. Same.—A homestead by a tenant in common appropriates the interest of such tenant