Lacey v. Clements

Citations

• 36 Tex. 661

Syllabus

<p>1. To give rise to a resulting trust, the money must be paid at the time of the purchase of the land.</p> <p>2. The domicile of a husband is, in contemplation of law, the domicile of the wife.</p> <p>3. The mere fact that a married woman was never in Texas during her husband’s lifetime does not debar her homestead rights in land purchased by him for homestead purposes. To forfeit her homestead rights, there must have been an abandonment by her of her husband. If her absence from this State was with her husband’s consent, her homestead rights are not prejudiced, but will be enforced, after the husband’s death, against a purchaser under his administrator. The head-note to the contrary in Meyer v. Claus, 15 Texas, 516, is more unconditionally stated than the rulings in that case warrant.</p> <p>4. It has been the policy of Texas, ever since her Independence, to encourage and secure homestead rights.</p> <p>5. A widow brought trepass to try title, for land claimed by her as homestead. Defendants claimed the land under their vendor’s purchase of it at a sale of the administrator of plaintiff's deceased husband. Held, that it was competent for the plaintiff to prove that the administrator’s sale and deed were based on a Confederate money consideration. This court has never held valid any Confederate money transactions by executors, administrators, guardians, or trustees, except where the creditors or other beneficiaries had themselves affirmed such transactions.</p>