Wolfe v. Buckley

Citations

• 52 Tex. 641
• 1880 Tex. LEXIS 33

Syllabus

<p>Homestead.—A widow having no children or kindred of her own blood sold her homestead, and with its proceeds purchased auother home, on which, with some orphan grandchildren of her husband by a former marriage, and whose mother had been raised by her, she resided. While thus occupying it with the children, who were being supported by her and who were dependent on her, a moneyed judgment was rendered against her, upon which execution issued, which was levied on the home last purchased. After the levy, she adopted as her child one of the orphan children, in pursuance of an intention long formed. In a proceeding instituted by her to prevent the forced sale of the property, and claiming'homestead rights ; Held—</p> <p>1. That there was no error in a judgment declaring the property' exempt from forced sale as a homestead.</p> <p>2. The adoption of the child under the circumstances- stated in the opinion, did not constitute a fraud upon the rights of creditors, though made to strengthen the homestead claim.</p>