Wheatley v. Griffin

Citations

• 60 Tex. 209
• 1883 Tex. LEXIS 303

Syllabus

<p>1. Homestead right—Interest in land.—The homestead right of the wife attaches to any interest in land owned by husband and wife in. common, or by either separately. Such a right will attach to an equitable estate, an estate for life, or even to a leasehold interest.</p> <p>3. Same.— Such right can only be divested, so long as it is not abandoned, by a conveyance made by the husband and wife in accordance with law.</p> <p>3. Same—School land certificate.— A purchaser of school land, who, with his family, settles upon such land, receives the requisite legal certificate, and pays whatever sums of money are necessary when due, and afterwards assigns for value his certificate to another, not being joined by his wife, does not divest her of her homestead interest in the land.</p> <p>4, Same—Right of the purchaser.— In such case, the second purchaser has no right to the land under such transfer; nor can he, when the wife has offered to pay the sums of money yet due or to be due on the certificate, recover from the wife whatever money he has paid to the original purchaser under such facts.</p> <p>6. Same — Cases cited.—Wilder v. Haughey et ux., 21 Minn., 107; Stinson v. Richardson, 44 Iowa, 373, discussed and approved.</p> <p>6, Same—Adjustment of equities.—The husband has the right to adjust equities existing prior to the attaching of the homestead right (White v. Shepperd, 16 Tex., 163; Clements v. Lacy, 51 Tex., 150; Gillum v. Collier et als., 53 Tex., 592); but in the case at bar no such equities existed at the time of the transfer, and hence this rule does not apply.</p> <p>7. Costs.— Where the petition prays for the recovery of the land in controversy, also for the purchase money of the certificate, as well as for money paid in accordance with the terms of the certificate, and a decree is rendered in favor of the plaintiff for the latter item alone, then, in such case, the costs of suit will be adjudged against the plaintiff.</p>