Eubank & Co. v. Landram

Citations

• 59 Tex. 247
• 1 Tex. L. R. 971
• 1883 Tex. LEXIS 142

Syllabus

<p>1. Homestead. — The constitution protects the surviving husband or wife in his or her right to the occupancy and enjoyment of the homestead, whether as against the heirs of the deceased seeking partition, or the creditors of the survivor, so long as such survivor occupies it as such.' It is immaterial whether the title to the homestead property was vested in the deceased or the survivor, or was community property; in either case it is protected against forced sale or partition while occupied as a home, whether with or without others to constitute a family.</p>