Equitable Mortgage Co. v. Norton

Citations

• 71 Tex. 683
• 10 S.W. 301
• 1888 Tex. LEXIS 1206

Syllabus

<p>1. Designation of Homestead.—Articles 2343, 2344, 2345 relate to rural homsteads, providing for designating the homestead out of a tract of more than two hundred aeres upon which the parties reside. It can not apply to an urban homestead. A certificate of privy acknowleUgment by a wife to such description of a town lot as homestead not then or at any time occupied as the homestead is not competent evidence for anv purpose.</p> <p>2. Estoppel—Homestead.—Husband and wife residing upon rented property in a village, and her homestead, the separate property of the wife, being temporarily leased, money was loaned to the husband upon certain representations, among others, that no claim was made to the country homestead. The agent of the company making the loan, testifying to having acted upon the representations of the wife, held that the question of estoppel should have been submitted to the jury.</p> <p>3. Estoppel—28 Texas, 416, 730, followed in defining estoppel.</p> <p>4. Mortgage upon a Homestead.—As by the Constitution (art. 16, see. 50) all liens upon homesteads are forbidden (save for purchase money and for improvements made thereon) the lien holder can not rely upon the privy acknowledgment to give validity to such mortgage against the wife. Such mortgage can not directly or by its recitals affect the homestead.</p>