The Texas Almanac for 1858 Page: 32
194 p. : ill. ; 23 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
S TEXAS ALMANAC.
law, reserving free and independent of the power of a writ of fieri facial, or
other execution issuing from any court of competent jurisdiction whatever,
fifty acres of land or one town lot, including the homestead and improve-
ments, not exceeding five hundred dollars in value.
The Constitution of the State of Texas, which was adopted in 1846, in-
oreased the quantity of land thus exempt from execution, from fifty to two
hundred acres, and the value from five hundred to two thousand dollars.
The following is the constitutional provision:-" The homestead of a family
not to exceed two hundred acres of land, (not included in a town or city) or
any town or city lot or lots in value not to exceed two thousand dollars,
shall not be subject to forced' sale, for any debts hereafter contracted, nor shall
the owner, if a married man, be at liberty to alienate the same, unless by the
consent of the wife."
In accordance with this, the law provides that before the husband can
alienate the homestead, the consent of the wife shall be obtained, which
shall be done by a privy examination apart from the husband, by any Judge
of the Supreme or District Courts, Clerk of the County Court, or Notary
Public, and if she acknowledge that she freely and willingly signed and
sealed the deed, alienating the homestead, the sale shall be valid, after the
officer shall hare certified to the same, and attached the seal of his office.
Thus we see that the laws of Texas reserve from execution the homestead,
not exceeding two hundred acres of land, or if in town-lots two thousand
dollars in value, thereby protecting the wife and children in the possession of
the homestead, so that the improvident husband, even if he would, cannot
render them homeless without the wife's consent. This is a good law, and
need never defraud the creditor; f gif he is doubtful of either the inclination
or ability of any person to pay, ih- ould not extend to him or her credit
beyond the excess of property, over what the law reserves as a homestead.
In this way it limits the credit system, protects the home of many a family,
who would otherwise, from improvidence or dissipation, be rendered home-
less, without receiving therefor any valuable consideration. There is no
State in the Union that protects better by its laws, the property and home of
the wife, or of the widow and orphan, than does Texas.
We give below the exemption laws of all the States, remarking that there
is generally to be added an exemption of household furniture, &c.:
In Wisconsin--40 acres of land and improvements; or, if in a town, -
acre and improvements.
In Georgia-Dwelling house, improvements, and 50 aores of land.
In South Carolina-Dwelling house, improvements, and 50 acres of land.
In Alabama -40 acres not exceeding in value, $400.
In Florida--40 acres not exceeding in value 8200; or dwelling house in a
city or town not exceeding in value $300.
In Pennsylvania-Property exclusive of wearing apparel, $300.
In Maine--Homestead exemption to the value of - - - 500
" Iew Hampshire, -- 500
" Vermont, - -- - 500
" Massachusetts, - - - - - 500
" New York, 1,000
" New Jersey, - - - 1,000
" Texas, - - - - - - - 2,000
" Ohio, - - - - - 500
" Michigan, - - - 1,500
" Indiana, - - 300
" Illinois, 1,000
" Iowa, - - - 500
" California, - 5,000
The States of Connecticut, Rhode Island, Virginia, Delaware, Maryland,
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
The Texas Almanac for 1858, book, 1857; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth123764/m1/33/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.