El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-04-29

material used In constructing Improve
ments thereon, and in this last case
only when the work and material are
contracted for in writing, with the
consent of the wife given in the same
manner ss is required in making q sale
and conveyance of the homestead; nor
shall the owner. If married man, sell
the Homestead without the consent OIL
the wife, given in such manner as may
be prescribed by law. No mortgage,
trust, deed or other lien on the home
stead shall ever be valid. except 10.
the purchase money therefor, or i'm
provements made thereon, as herein
before provided, whether such mort,
gage or trust deed. or other lien, shall
have been created by the husband
alone or together with his wife; and
all pretended sales of the homestead
involving any condition of defeasance
shall be void.''
Section 81 provides as follows:
"The homestead not in town or
city shall consist of not more than two
hundred acres CT land, which may be
in one or more parcels, with the I'M
provements thereon; the homestead In
o city, town or village shall consist OF
lot or lots. not to exceed in value i've
thousand dollars at the time OF their
designation as the homestead, without
reference to the value of any in prove
ments thereon: provided, that the same
shall be used for the purposes of q
home, or as q place to exercise the call
ing or business of the head of family;
provided, also, that any temporary
renting of the homestead shall not
change the character of the same,
when no other homestead has been &C
CURED"
The head of a family after his wife's
death, his family consisting OF his min
or children, may mortgage his home
stead. Hensel International Bldg.
& Loan Assn, IS Tex. 215, 20 S. w.
Rep. 116.
Contracts for improvements must be
made before the improvements begin,
Lignoski Croker. SO Tex. 1928, "A s.
w. 27S.
If the property is homestead, see
that the lien is for purchase money. or
is for the purpose :of making improve
ments or extending lien for improve
ments already made. where there has
been q properly drawn and executed
contract. If the property Is not a
homestead and the borrower is the
head of a family, have him designate
the piece of his property which Is q
homestead. Liens on homesteads are
as good as any other security when
properly drawn and for purpose pro-
vided for by the constitution.
When real estate is sold for part
credit, the vendor has lien for the
deferred payments.
1t has been held and is the law that
the vendor has the superior title to the
land sold. When his notes come due,
he may disaffirm the sale and recover
the land, or affirm the sale and re-
cover his money by sale OF the land.
One who purchases these vendors
lien notes and takes q written transfer
thereof recording the same, has the
same rights as the original vendor.
The vendors lien is superior 60 claims
of last sickness and burial expenses
where the maker of notes dies leaving
no other property than that on which
such notes were given.
FOREIGN CORPORATIONS.
Foreign corporations may do bust
ness in Texas, but tn do so, unless en-
gagged in interstate commerce, they
must file copy of their charter with
the secretary of stat. aud obtain a per-
NIT which authorizes them to do bust
ness.
GOLF CTION OF LOANS.