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: 197
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1875.] IKEN & Co. v. OLENICK. 197
Opinion of the Court.
" lots and streets. It is called a settlement, and is a small collec"
tion of houses in the country."
Does the homestead right embrace these two lots thus disconnected,
and appropriated to these dissimilar and distinct
uses and purposes ?
Before undertaking the determination of this question, it
may not be amiss to consider whether the homestead of Kron
and wife should be regarded as a rural or urban homestead.
The constitutional limitation of the extent and value between
these two classes of homesteads presents a marked difference
between them. If the homestead is in the country, there is no
restriction upon its value, but it must not exceed two hundred
acres. While, if it is in town, the limitation is on the value of
the town lots of which it consists, at the time of their dedication
as a homestead, without reference to their subsequently
increased value, or that of any improvements placed upon
them. From this difference in the restriction and limitation
upon the extent and value of these different classes of homestead
rights, it seems quite obvious there can (unless under
some very extraordinary circumstances, Taylor v. Baulware,
17 Texas, 77) be no blending of them, so that the homestead
exemption can be partly in town and partly in the country. It
is, therefore, the most favorable view of the homestead claim in
this case to regard the lot sold under, the trust deed, and that
on which Kron's residence was situated, as being in the same
category, and as this may be done without doing violence to the
evidence in the record, we will so treat and consider them.
In determining whether the lot for which the note upon
which the suit was brought was given, is included in a city,
town or village, it is to be noted that the use to which it was
applied is such as is much more usual and customary in cities
towns and villages, than in the country. The quantity of land
included in the tract or lot comports more with a description of
town or village lots, than tracts of land in the country. The
locality where it is situated has a distinctive name or designation,
such as is customary and usual with towns and villages.
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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/m1/205/: accessed October 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .