Foreman v. Meroney

Citations

• 62 Tex. 723
• 1884 Tex. LEXIS 315

Syllabus

<p>1. Homestead—Abandonment.—The children of the father by a first marriage, who after his death ceased to be members of the family of his wife by a second marriage, cannot enforce partition of a homestead acquired by the separate means of their father, and which was set aside as homestead by the county court for the widow and children of the second marriage, who afterwards left it and removed to another county, with the intention on the part of the widow and a second husband, whom she had married, never to return to it unless compelled by poverty or unavoidable circumstances. Title to no other home had been acquired.</p> <p>2. Same.— It is not necessary to the existence of the homestead right that the family should remain on the land. “ To use and occupy ” the homestead, within the meaning of article 16, section 52, of the constitution, does not require a residence upon it. When left, either from necessity or convenience, by the family, no matter for how long a time, so long as it contributes to the support of the family it remains the homestead until title is acquired to another home, and which is used and occupied as such.</p> <p>3. Case distinguished.—This case distinguished from Pressley v. Robinson, 57 Tex., 453.</p>