Thomas v. Williams

Citations

• 50 Tex. 269

Syllabus

<p>1. Homestead abandonment.—The removal from a homestead to a village, for the purpose of educating the children of the family, and the contracting for a new homestead, will not necessarily evidence an abandonment of the homestead.</p> <p>2. Fact case.—See facts held insufficient to establish an abandonment of a homestead.</p> <p>3. Homestead—Declarations of husband.—The mere declarations of the husband, or of third persons, though ever so fraudulent, if false do not prevent the assertion of the homestead exemption by the husband and wife.</p> <p>4. Same—Declarations of wife—Estoppel.—Neither the declarations of the wife, nor her written recognition or ratification of previous deeds by her husband not in conformity with the statutes regulating conveyances by married women, but which are not shown to have misled the parties claiming under the deeds from the husband to their injury, mil estop the wife from asserting her homestead rights.</p>