Scheuber v. Ballow

Citations

• 64 Tex. 166

Syllabus

<p>1. Evidence.— Evidence is admissible to show that defendant, before purchasing property claimed as a homestead, took the advice of counsel as to the validity of the title which he was about to purchase.</p> <p>8. Homestead. — The lapse of eight days between a cessation of business and a sale of the premises on which the business was conducted will not destroy its exemption as a homestead, unless there has been an abandonment. No fixed rule can be laid down as to what lapse of time will work an abandonment, but each case must be decided on its merits. Exemption is intended as a substantial benefit, and when it has attached it will not be removed without good cause.</p> <p>8. Eraud,— It is no proof of fraud that the purchaser of a homestead knew that the creditors of his vendor were about to attach it, for his creditors could have no interest in it.</p>