McDannell v. Ragsdale

Citations

• 71 Tex. 23
• 8 S.W. 625
• 1888 Tex. LEXIS 1094

Syllabus

<p>I. Homestead Bights of Wife and Children.—The wife and minor children of a man who has left the State and desires that they follow Mm, retained the protection of the homestead exemption upon the residence while they remained upon it, without regard to the wishes and purposes of the husband living out of the State.</p> <p>2. Abandonment of Homestead.—A wife with whom the husband leaves his minor children on leaving the State may remain upon that homestead. Her occupancy of the homestead secures exemption; nor is the exemption lost by the desire and request by the husband that the wife should join him without the State; nor is it lost by the wife attempting to sell the same.</p> <p>3. Same.—As the creditor has no right to the homestead as a fund from which to make his debt, there would be no fraud in the wife and family remaining upon their homestead until it could be sold, although the sale should be proposed as a means of defraying the expenses of joining the husband and father without the State.</p>