Gardner v. Douglass

Citations

• 64 Tex. 76

Syllabus

<p>1. Homestead. — A lot on which stood a dwelling-house was purchased nearly three months before the expiration of a lease to a third party, who continued to occupy it until the expiration of the lease. The purchaser declared his intention to his wife, and to no one else, to make the property his homestead, and it appeared that he could not obtain possession before the expiration of the lease. On the expiration of the lease he removed to and occupied the dwelling-house. An injunction was obtained to restrain the sale of the property under execution issued on a judgment which was rendered against the purchaser before the date of his purchase. Held:</p> <p>(1) That the property was protected by the statute exempting the homestead from forced sale.</p> <p>(2) That the injunction should have been perpetuated.</p>