Scott v. Dyer

Citations

• 60 Tex. 135
• 1883 Tex. LEXIS 279

Syllabus

<p>1. Homestead. — The doctrine heretofore announced in homestead cases, that a homestead necessarily includes a house for a residence or a mansion house, and that the intent to appropriate a homestead should be evidenced by some unmistakable acts showing an intention to carry into execution such intent, has no application to a case where homestead rights are claimed in property which constituted a part of a late homestead, the whole of which had been ' occupied as such, and a part of which, only, including the mansion house, had been sold.</p> <p>3. Same.— Hence, when the mansion house was sold, and a part of the homestead ground attached thereto was reserved from sale, with the intention existing in the mind of husband and.wife to build and again establish their home on the portion reserved, the reserved portion, though not occupied (when the family has no other place for a home), remains impressed with the homestead character, and is protected from forced sale.</p>