Herman Iken & Co. v. Olenick

Citations

• 42 Tex. 195

Syllabus

<p>1. Homestead. Ordinarily there can be no blending of homestead rights so that the exemptions can be partly in town and partly in the country,</p> <p>3. Same. The leading idea in Homestead Exemptions is to furnish a home and shelter to the family; but limited and confined to the residence, ■ and not to property of a specific value, irrespective of its uses.</p> <p>3. Same. It was not the purpose of the framers of the Constitution, to exempt a definite quantity of land in the country, or lots of a designated value in town, irrespective of the uses to which such property had been applied, so as to provide the family a homestead, if its head had failed to do so, or extend and enlarge such homestead as had already been provided, and secure to the family an adequate support, or the means of making such support, without regard to the rights of creditors, out of other property not connected with it, or from its nature and character, or from its use forming part of the homestead.</p> <p>4 Same. The urban homestead may consist of one or more lots, but unless such lot or lots constitute or form in fact part and parcel of the homestead they are not included in the exemption ; excluding from protection lots in no way connected with or contributing, by their particular use or appropriation, to the comfort of a mansion house as a home stead.</p> <p>5. Same. The revenue or profit derived from property situated elsewhere may contribute to the comfort of its possessor, but this by no means authorizes the conclusion that a lot or lots disconnected from the homestead, are appendages to it, or contributing by their use to the enjoy ment of it as the residence or home of the family.</p> <p>fi. Where a head of a family lived at a place not laid off in lots and streets —called a settlement (and which is a small collection of houses in the country)—and owned four acres there in two separate tracts or lots, on one upon which he gave a deed of trust was a house in which he was doing busine