Keith v. Hyndman

Citations

• 57 Tex. 425
• 1882 Tex. LEXIS 163

Syllabus

<p>1. Homestead—Blending or rural and urban—Burden or proof.— Ordinarily there can be no blending of homestead rights so that the exemption can be partly in town and partly in the country; and the burden of establishing facts making a case an exception to this rule devolved on him whose residence and place of business were in town, and who claimed, as part of his homestead, a separate ten-acre tract, one thousand yards distant from his residence, and lying partly, outside of the corporate limits.</p> <p>2. Same—Evidence insufficient.— AVhere proof was not made showing, prima facie, that any part of the ten-acre tract within the corporate limits was used for homestead purposes, or that it was acquired and improved previous to the incorporation of the town and designation of its boundaries, in view, too, of the distance of the ten acres from the residence, the evidence was insufficient to establish its exemption.</p>