Griffie v. Maxey

Citations

• 58 Tex. 210
• 1882 Tex. LEXIS 235

Syllabus

<p>1. Case reaffirmed.— Sossaman v. Powell, 21 Tex., 664, holding that the homestead vests in the heirs with or without administration, and whether it be or be not set apart by the chief justice of the county court, approved.</p> <p>2. Cases approved.— Clements v. Lacy, 51 Tex., 150, and Williams v. Wethered, 37 Tex., 132, approved.</p> <p>3. Partnership.— The fact that a conveyance of land is made to parties who are' partners, and that it may be used after being thus conveyed for partnership purposes, does not necessarily impress on it the character of partnership property.</p> <p>4. Homestead.— Though a lien given upon real estate by trust deed, for a debt which could not, under the constitution, be enforced by sale of the homestead, cannot be divested during the life of the debtor by subsequent occupancy of the property as a homestead, yet upon his death, during such occupancy, the property, to the extent . of the interest owned when the deed was executed, is discharged from the lien and exempt from forced safe under it.</p> <p>5. Same.— Persons who contract under such circumstances cannot complain, for they do so with knowledge of the fact that the death of the debtor may destroy the lien.</p> <p>6. Same.—Where there is no homestead in fact, property upon which liens have been given may be sold to raise a reasonable allowance in lieu thereof, unless the lien “ has been given by the husband and wife, acknowledged in a manner legally binding to secure creditors,” or the lien has been given for the purchase money of the property.</p> <p>7. Homestead.— A deed of trust was executed by two persons to secure a debt for which both were bound. The land conveyed was, at the time of the execution of the trust deed, owned jointly by the debtors. ° Afterwards, one purchased the interest of the other, and died, when his widow claimed homestead rights in the entire property. Held,</p> <p>(1) That such rights attached only to the interest owned by her deceased husband at the ti