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: 198
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198 IKEN & CO. V. OLENICK. [Term of
Opinion of the Court.
And in the absence of any evidence tending to a different conclusion,
we must, we think, conclude that this lot was included
in a village. Although the homestead exemption in the country
and that in a city, town or village is so obviously different in
its character and extent, there is no certain guide furnished by
the constitution by which in all cases they can be plainly and
readily distinguished. As there is no definite rule by which
the precise time can be determined when the country settlement
has grown into the village, or where the unincorporated
town or village ends and the country begins, evidently it must
often be difficult to say to which class any particular homestead
claim belongs. In such cases, and in the absence of
proof by which the matter may be decided as one of fact, it
seems to us the nature and character of the property in question
and the uses and purposes to which it is applied, may be looked
to as furnishing the best guide for its determination. The
leading and fundamental idea connected with a homestead is
unquestionably associated with that of a place of residence for
the family, where the independence and security of a home
may be enjoyed, without danger of its loss, or harassment and
disturbance by reason of the improvidence or misfortune of the
head or any other member of the family. It is a secure asylum
of which the family cannot be deprived by creditors.
Within its sanctuary, however urgent may be their demands,
they cannot intrude.
It was not, however, the purpose of the framers of the constitution
to exempt from the claims of creditors a definite
quantity of land in the country or lots of a designated value in
town, irrespective of the uses to which such property had been
applied, so that the family, if its head had failed to do this,
might provide a homestead, or extend and enlarge such homestead
as had already been provided, or secure to the family an
adequate 'support, or the means of making such a support,
without regard to the rights of creditors, out of other property
not connected with, or from its nature and character, or from
its use forming a part of the homestead.
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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/m1/206/: accessed August 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .