Peregoy v. Kottwitz

Citations

• 54 Tex. 497
• 1881 Tex. LEXIS 54

Syllabus

<p>1. Homestead.—Two adjoining parcels of land separated by a partition fence belonged to a man and his wife, who occupied as their home a residence on one of them; each parcel was improved, having on it a dwelling house, with outhouses. The husband executed in February, 1876, a deed of trust to secure a loan on the parcel of land, the houses on which were not then actually occupied by him. The wife did not join in the deed. In a suit between the wife, asserting homestead rights, and the purchaser at sheriff’s sale, after foreclosure of the lien, held —</p> <p>1. If the money was loaned and the deed of trust executed before the husband and wife asserted a homestead claim to, and used the place for, homestead purposes, the homestead right could not attach so as to defeat the trust deed.</p> <p>2. In the absence of such assertion of homestead claim and exercise of homestead use, the husband could execute a valid trust deed on the property to secure a loan.</p> <p>2. Charge of court — Fact case.— See statement of case for a charge of the court in regard to a claim of homestead rights, which was sustained.</p>