Macmanus v. Campbell

Citations

• 37 Tex. 267

Syllabus

<p>1. The ruling in Campbell v. Macmanus, 32 Texas, 442, approved, to the effect that a homestead may be enlarged to the maximum allowed bylaw, and the addition becomes part of the homestead and is exempt from execution.</p> <p>2. Homestead rights attach whenever there is a dedication of the property to homestead purposes ; and this may be before the fee passes, or before the purchase-money is fully paid, though in this latter case the property remains subject to the vendor’s lien.</p> <p>3. A debtor who has no homestead may acquire one with all its immunity from sale under judgments against him, and it is immaterial that the judgments were in existence when he acquired the homestead; and these principles are applicable to a debtor who, having a homestead of less value or extent than the legal maximum, enlarges it to the maximum.</p> <p>4. The case of Stone v. Darnell, 20 Texas, 11, cited with approval—to the effect that the time of the sale under the execution is the time to be regarded in ascertaining whether property was or was not homestead.</p>