Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1922-09-24
~ 2. D. sAPP.

u, =. D. stPP.
Opinions on the Texas hmnesical
laws differe with individuals ~ great
ly a. opinions on the subjects - r,
ligion or politics. To sonic the HON,
stead laws are the greatest In the con
silfuiion and On the State Books an,
Others do no, find terms sufficiently o.
problous tn describe them The differ
ences ~ opinion are found among al
chssss and there seems "a be No clasi
trade. business az profession who unan
imousiy approve or disapprovc ~ tluln
Among lawyers the diversity II opinion
IA very wide. and most every lawyer !,
onlnionated In regard to them.
The idea 81 the exemption of Ia.
homestead from execution originated IN
Texas. The first law II this Kind w,
passed by the Republic 81 Texas h
January. iss9. and the homestead "a
empsion was incorporated into the con
stitution IN 1916. and has been incor
poratsd Into every succeeding constifu
ton since then with changes enlarrins
the benefits. Since the original first
exemption law of isss. the tendency. hy
constitutional provision and statute and
also by judicial decisions. has been O.
enlarge and broaden the law.
iiomesieads Proiseied.
Sections 30 and 90 ~ Article XVI Of
the constitution contain the present pro.
visions relating Ia the homestead. As
% these sections and the statutes pass
I'd thereunder the lawyers again diffef
IN their opinions as Ia the lnierpreta.
fion ~ the several provisions. However.
II In safe 10 say that the homestead II
famliy In Texas IL protected from
forced sale for the payment 81 debts.
except for the purchase money there.
81. 90 a part Of such purchase money.
general taxes. work and mater al IN
constructing improvements when con.
trVeied fW In writing In advance with
IN, consent q the wife given In the
sai,e manner as " making convey.
ante Of the homestead. And a married
man owning a homestead cannot sell Il
without the consent 81 the wife given
by joining In the deed and acknowiedg
ing u In n prs-sTib-d manner In a room
or placer SEPARATE from the presence a
the husband Also the constitution pro
vsdss that no mortgage. trust deed OF
lien upon q romestead shall ever h. yat
ID. except Tor the purchas. money % im
proysments 10 ~ made thereon
There are two kinds ~ homestead
country and city. A country homestead
consists % not more than two hundred
sores 81 land with improvements there
On. And this two hundred acres may
h In different parcels which do no,
eooeesasi1y have 20 ban each other and
the parcels may even BE- remotely sit.
uatsd from each other. The ties, 10 not
distance but use. and N parcel o. par.
GELS q land he occupied and used a. 4
home. that use win impress upon II ihc
homestead character L. the extent OF
two hundred acres
City Homestead Defined.
A city homestead consists ~ lot az
lots. not 10 exceed In value 5000 ai the
time IL their designation AZ the home,
stead without reference 60 the value Of
avn improvements thereon. These lo'
a. ioss must be used for the purpose OF
= home or a. a place TO exercise tbs
calling or business q the head of ths
family. One cannot have at the ans
time both q city and country homestead
hut enc may have at the same tins
both n business homestead and resi-
Dental homestead provided that the
eomh.nsd value of the lots. free from
their improvements. was not worth
more than 5000 at the time % theft
designation a. a homestead 4; does no,
matter how great the value q the I'm
rrosements which are placed upsn ths
lots o. how much their value u the lot,
mag incrsase n their value without the
improvements does not exceed s. 900 al
the time u their designation. ON.
may buy . lot for the purpose of . hons
una rAy therefor $500 and build him
se1f q Ialace thereon costing a quartei
Il . million. and he may purchase Z
business Ia Of not over the value o.
sssee. and he may build himself there
on a building 90 b. used az his place o
business which may ccs; million dol
lars.
And with this property worth a mil
lion and y quarter he could safely Hnal
his fingers q che rronery man and IN,
msat man and this lee man and IN
eel man whom he owed for groceries
and meat and ioe and coal. and the
Sould make F~ase~;s and send hills 10
their money but they could never toucl
the million dollar Office building nor tn
quarter Of a million Tahcisl house "a
the payment a their accounts. And /
the city should grow - az "a make IN
land upon which the Office building val
built 70 valuable that IL was worth twi
million. yet A. long a. u was contirue'
Co b. used a. a b1sinsss homestead IN
ronsfifution q Texas would protect !
from creditors and IL would 10 sxenp
from forced sale.
Aise6 - 0ffisv RDsf.
The<~ example, are nos 40 absurd a
they might seem. for there i an aciua
case IN Texas where a man OccBp.e
living rooms with his family Ia the "a
of a valuable offics building ard clsiir
"a n A. his homestead and II Was hel
hy the courts 90 BE- hls homestead and =
frye from execution sale % satisfy h
Judgment creditors And n that OFF,
building had burned 10 the ground wii
one nrllion dollars FIRE Insurance upo
q and this had been paid TO the debsa
owner. ~sili the Judgment creditors cSui
NOT have touched enc dollar a the MI
Ion. for Il has been held that that mon
~ stood In leo a. the homestead an
nat II wss free from execution an
a.lr the. ame a. the bosps~tsad itrsif
Th> iatsnt o. Ing hw IN such a c1s'
would ~ shsf tie debtor bad the rizh
an would have the opportunity Of 70
jns~sfins the million dollars IN another
11sua.lr hcu~ and thus would one NOR
bems ~ $500 20 the state q Tsxs'
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