Sanders v. Sheran

Citations

• 66 Tex. 655
• 2 S.W. 804
• 1886 Tex. LEXIS 590

Syllabus

<p>1. Homestead—Abandonment—Intention.—The qualified intention of one leaving his homestead not to return to it if he can sell it and invest the proceeds in a home that will suit him better, is not an intention which, connected with change of domicil, will operate an abandonment.</p> <p>2. Same—Evidence.—The intention to abandon a homestead may be shown by circumstances. If the owner contracts to sell the homestead either before or after removing from it, with the intention of investing the proceeds in other land, which he does not intend to use as a homestead, it would tend strongly to show that his removal was coupled with an intention to abandon the homestead.</p> <p>3. Same—Long absence.—Absence of the family from the home for a long period of time, is a fact to which due weight should be given upon the question of abandonment, but in the presence of facts tending to show an intention to return should not be given a conclusive effect. (Shepherd v. Cassiday, 20 Tex., 30, approved.)</p> <p>5. Same—Evidence.—See opinion for facts held insufficient to show an intention to abandon a homestead.</p>