The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-11-02
SUPREME COURT.

.,, The property in controversy origin
Unchanged to ]. d. Latimer, one of the
,,ar5ants in error, who, in eopartnership
IN one Gully, carried on, in stone house
,bs lot mercantile business, until
s,rt the close of the year 1876, at which
INA he became financially embarrassed
=. .rd ceased to DO business as a merchant,
"a since that time he has never conducted
:" the property any mercantile or other
business
Tho MINER part of the house upon the lot
snsed by Latimer, he being married
. .sr as A residence, from the first of the
VA. -s 1870, until about the LIST of November,
i-S at which time he removed his family
,,Sbouse on the east half of block 10, in
%s same town, which was distant from the
X, mon which the store house is
anne three or four hundred yards,
rhsre with his family, he has
,,ntinucuSly resided since that time, Lat
;msr has not occupied the store.house
ri any purpose since his removal there
s,m and about the LIST of September, 1877,
.,sntpd il to Charles Black, who occupied it
'ajn,ed il tor mercantile purp oses about
ana wear. and it has been rented to other
Osrsons continuously since Black ceased to
ne h rent for the property has been about
,Oper month.
'snce I,atimer ceased to do mercantile
br,ne.s in 1876, he has been engaged in
sarking for other persons, and dong such
sber work as he could get to do, and since
All time has been mainly dependent upon
In rents received from the property in
nntroyprsy for u support.
The property in controversy was sold nm
isr an execution which issued under IA
Tigment in layorof Plaintiff in error against
| Gply 4 Latimer, and was bought by
Tlltitis in execution, who received deed
Inn the sheriff therefor on the 18th Of
| Eebuary, 1873.
mis- action was brought to try title to
tbe property above referred to and to
aber town lots, which will be
Spreatter referred to, against Latimer and
wife, who, US u defense, III SO far as the
sre.house and lot upon which II stands is
gncerned set up that the same was pro-
kted 10 them against forced sale, under
he COnstitution, as the place of business of
Aehusband, and they claim that it has
,gays been the intention of Latimcr to
esnme BUSINESS as a merchant when his
financial condition is such rs to enable him
NdO SO.
The constitution of this state protects to
/ he family, in Il city, town or village, Il
homestead, which "shall consist Of u lot or
lots not to exceed in value 5000 at the
fine of their designation as their home
stead, without reference TO the value OF any
movements theron, provided that the
home or as a place to exercise the calling
cuisines of the head of q family. This
WulV has held that the place of the
home Of the family, as well as the place of
business of the head of the family, in a
city, town or village, although not
upon contiguous lots, was protected
A0m forced sale so long as used
tthe purposes contemplated by the con-
sitution; Miller VS.. Mark, Galveston term,
lsNl
The constitution recognizes that to estab-
Ih and preserve homestead in a city,
Town or village, the property must "be ust d
hl the purposes OF a home, or as q place to
exercise the calling or business of the head
aa family" and it also recognizes tina
my temporary renting of the homestead
shall not change the character Of the same,
when no other homestead has been ac-
CURED
10 preserve the place of business which
separate and distinct from the home, as a
part of the homestead, two things must
concur. LIST, The head of family must
have calling or business to which the
property is adapted and reasonably neces-
ary 3D. Such property must be used rs a
place TO exercise the calling or business OF
The head of the family.
The words calling" or Cuisines" are
evidently used in the constitution in n
very broad sense, when taken together,
but the Specification of each
one Is uncertain yet we are to infer that
they were not used TO designate the same
thing
Taken together they certainly embrace
every legitimate avoCation in life, by which
an honest support for family may be OBJ.
saned
Tie former ws probably used in the
sense Of profession" or trade" which
would embrace al such employments as by
course Ofstudy o apprenticeship in any of
The learned Professions, literal arts, or me.
chanical occupations n person has acquired
SELL or ability tdollow, and which has be-
come practicallya matter of personal skill
IN lis nature an, temporary in existence.
The latter woh was probably used in
@ntradStinCtit to the other, to denote
That which MrWebster defines to be the
general meaning of the word, that which
occupies the tMe, attention ana labor of
men tor the prpose of profit or improve
nent, and tbs may be temporary.
The delendnt, Latimer, might not be
embraced inhe first, but would be en-
braced in III latter.
The "Caingn may exist as a fact
whether iDe ,practiced or not with the
other the aiual employment in the given
oNupauoMrnisNes the only means to de-
NTmine w|ther the business exists or not.
=, With thIone as well as with the other,
lhe use 0the property in the calling or
business Ghe claimant is essential to pre-.
serve thf exemption after sufficient
ueSlgnath has been made.
AT theme the property now in question
vas sol, Latimer was not pursu-
hs th business of merchant, to
Which house and lot were adapted and
ntcesSaI' out 1t seems WAS clerking for
WAer psons, and the fact that his bust,
Hssm nave been that of n merchant at
aofY period cannot affect the question,
The Sd was made.
Nofh the fact that he contemplated, il
heeIOecame able to do so, to resume the
ousE OF merchant. give to him tina:
elattr II did not exist in fact.
iliaW no more pre- tectsa man in place
@Yainess which he isnot doing, and not
afk any immediate preparation to do,
.ai protects to u man place tor a
w, when Is not in fact home. or in ref
ST. W winch no steps have been taken
SaAe u home for the family,
mw protects the place of business
%o, v Is the place of business, which
tnos 9e unless the head OF the family is
rgleu IN business to which the prop
auspted and reasonably necessary
L,s,SohGlnde under the facts of this case