Wright v. Straub

Citations

• 64 Tex. 64

Syllabus

<p>1. Constitution of 1876 — Homestead.— A lot occupied by the head of a family as a place of business is part of his homestead, under the constitution which took effect April 18, 1876, and continues to be such as long as it is so occupied; it was otherwise prior to 1876.</p> <p>2. Tax sales.— The homestead is exempt from forced sale for taxes, except such as are assessed against the homestead itself, and a sale of it for other taxes as well as those assessed against it,is inhibited by the constitution.</p> <p>3. Judgment lien — Precedence — Existing eights.— A judgment lien takes precedence of a subsequently acquired homestead right. It was not the intention of the convention, in extending homestead exemption, to divest or interfere with previously existing rights. Even if such an intention had been clearly declared by that body, the supreme court of the United States has held that an existing judgment lien is such a vested right as is beyond the power of a state constitutional convention to divest or destroy.</p>