Smith v. Uzzell

Citations

• 61 Tex. 220
• 1884 Tex. LEXIS 78

Syllabus

<p>1. Limitation.— When the statutory bar of limitation is complete against the owner of land, it must be held complete against every one claiming through sucli person, whatever may be the character of the claim.</p> <p>2. Same- — Homestead.—-The courts cannot engraft upon the statute of limitation an exception which would prevent it from running against the head of a family in reference to property which is in legal effect the homestead. To do so would do violence to the settled rules of law, and limitation runs in such a case, there being nothing to exempt the homestead from its operation.</p> <p>3. Same.— When the statutory bar, as affecting the homestead property, is complete as against the husband and 'the children who inherited the fee from the deceased father, the surviving widow cannot enforce a homestead right which has no estate to support it.</p>