Swearingen v. Bassett

Citations

• 65 Tex. 267
• 1886 Tex. LEXIS 652

Syllabus

<p>1. Homestead—Place of business—Rural home—Exemptions—The lot in a town exempt as a place of business from forced sale has no connection with the rural home, and the same family is not entitled to both exemptions.</p> <p>2. Same—Partnership property—Partners—Implied agreement—Partners may by agreement make that separate property which before belonged to the firm, and such an agreement may be implied from an acquiescence by the firm in such use of partnership property by one of the members as would withdraw his interest in it from the common burden.</p> <p>3. Partners’ interest in partnership property—Solvent firm—Liens — A partner in a solvent firm may destínate his interest in partnership realty as a part of his homestead, and thus secure it from forced sale; and his occupying and using such property as his place of business, with the consent of the other members, is such use of it as will eifect the destination of his interest therein as homestead, and deprive his creditors, his copartners, and himself, of the power, thereafter, to impose upon it any lien, except for purchase money or for improvements.</p>