McLane v. Paschal

Citations

• 62 Tex. 102
• 3 Tex. L. R. 257
• 1884 Tex. LEXIS 193

Syllabus

<p>1. Pleading—Amendment.— The only test as to the propriety of an amendment made in the district court, in a proceeding begun in an inferior court, is, would the amendment be admitted if the cause had originated in the district court ? Any new matter may be pleaded which would defeat the plaintiff’s action.</p> <p>3. Parties — Homestead—Probate matters.—Any interested creditor may make himself a party to proceedings instituted by a surviving widow in the probate court to have property set aside to her as a homestead, and show that the property is not in fact a homestead.</p> <p>8. Homestead.— Under the laws in force in 1859, the $3,000 in value of a town or city lot or lots exempted from forced sale was to be estimated by taking into consideration as well the improvements on the lots as the lots themselves. Though the homestead was then subject to sale under a trust deed conveying it during the life-time of the grantor, it could not be subjected to forced sale after his death, because inconsistent with the statutes governing the settlement of estates of deceased persons.</p> <p>4. Same.— The act of February 3, 1880, re-enacted November 10, 1886, which exempt ed from forced sale as homestead $3,000 in value, to be estimated at the time of its destination as a homestead, without regard to improvements afterwards made, did not enlarge the rights of the surviving widow with reference to a deed of trust conveying the homestead in 1859. To permit such a result would be to give to the act of February 3, I860, a retroactive effect in violation of the constitution.</p> <p>5. Contract —Homestead—Constitutional law.—The remedy subsisting in a state when and where a contract is to be performed is a part of the obligation, and any law afterwards enacted by the state which so affects that remedy as to substantially impair and lessen the value of that contract is violative of the constitution of the United States and void. Citing Edwards v. Kearzey, 6 Otto, 595.</p> <p>6. Homeste