Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 196
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196 IKEN & Co. v. OLENICK. [Term of
Opinion of the Court.
MOORE, J. The note upon which this suit was brought
was given, as appellees insist, for the purchase-money of
a lot of one acre of land, situated in Meyersville, sold
under and by virtue of a trust deed, executed by John Kron to
secure payment of a debt owing by him to appellants. And
unless this lot when sold was part of the homestead of said
IKron and wife, there is no pretense that appellees had any valid
defense to the suit.
It appears from the statement of facts, that the lot in question
was purchased by IKron. He was therefore authorized to
sell and dispose of it, whether is was his separate property, or
belonged to the community, as we must presume, unless some
reason why he could not do so is shown by those who object
to the validity of his conveyance. If he could not sell it, because
it was a part of the homestead, the burden of showing
this was upon the appellees, as the title of the trustees, by
whom the sale was made, appeared on its face regular and complete.
The testimony upon which appellees relied to do this, seems
to us quite meagre and unsatisfactory, even if we were prepared
to sanction the liberal and broad rule of construction for
ascertaining and determining the extent and limits of the homestead
exemption, which was adopted in the court below. The
purport of the testimony on this point, is, that Kron and wife
lived at Meyersville at the time he executed the deed of trust,
and when the sale under it was made; that he owned there
four acres of land, in two separate tracts or lots; that on the
lot on which he gave the deed of trust, there was a store and
warehouse, in which he was doing business as a merchant;
that he had a wife and children; the residence of himself and
family was on the other lot, which contained three acres.
That he owned no land but these two lots, which together were
worth two thousand dollars or two thousand and five hundred
dollars. They were situated from three to four hundred yards
apart, and other lots or tracts of land intervened between them.
"' Meyersville," says the statement of facts, "is not laid off in
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/204/: accessed June 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .