Reece v. Renfro

Citations

• 68 Tex. 192
• 4 S.W. 545
• 1883 Tex. LEXIS 3

Syllabus

<p>1. Homestead.—The homestead rights of the husband and wife are lost by a voluntary abandonment of the homestead. Hot only can the husband bind his children «by such voluntary abandonment, but the homestead rights of the wife also are lost by her voluntarily leaving the home and accompanying the husband when he abandons it.</p> <p>3. Same.—A husband and wife left their home in Texas, and after removing to another State, acquired a home there. Af ter seven years the husband, during a temporary visit to Texas, sold the Texas home. Afterward the husband and wife returned to Texas, and, after living in a rented home, occupied the Texas homestead as tenants of another whose claim of title ' was in opposition to their claim of homestead rights. The wife left the Texas home unwillingly, and when in another State frequently expressed her intention to return to it, though this fact was unknown to the purchaser from the husband, held:</p> <p>(1) The declarations of the wife of an intention to return to her home could not outweigh the evidence of abandonment furnished by the acts and conduct of herself and husband during so long a period of time.</p> <p>(3) It was too late to repudiate the tenancy and assert homestead rights against their landlord’s claim of title.</p> <p>(3) The homestead right was abandoned.</p> <p>3. Parol Evidence.—When land is owned jointly by several persons, the legal title being in one of the number who conveys by deed an interest therein, in general terms, without designating whose interest is conveyed, parol evidence is admissible to show what particular interest was intended.</p>