H. Schneider & Bro. v. Bray

Citations

• 59 Tex. 668
• 4 Colo. L. Rep. 142
• 1883 Tex. LEXIS 246

Syllabus

<p>1. Homestead. — The surviving husband or wife is entitled to the occupancy of the homestead, after the death, so long as such survivor may choose to occupy it; and occupancy thereof is expressly required only as against the right of the descendants of the deceased to have partition of the property.</p> <p>2. Forced sale.— The reason for the general rule which subjects to forced sale property not exempt by statute, which has been received in voluntary exchange for other property which was exempt, is that the statute fixes the character of the exemption, and not the choice or caprice of the debtor.</p> <p>3. Same — Homestead.— If the property acquired by voluntary exchange of exempt property be, from its character or use, likewise exempt by the terms of the constitution or laws, it must receive the same protection from forced sale which shielded the property given in exchange for it. This rule applies to the acquisition by the widow, after the death of the husband, of a new homestead in exchange for the old one, even though there be no constituent of her own family for whose support she is liable, residing with her. Distinguished from Whittenberg v. Lloyd, 49. Tex., 633.</p> <p>4. Case discussed.— Wolfe v. Buckley, 52 Tex., 641, reviewed.</p> <p>5. Construction oe homestead laws. — Homestead laws are to be construed liberally, to give effect to their object.</p>