In re Mussey
In re Mussey
Opinion of the Court
(after stating the facts as above). Under the facts of this case the court is of the opinion that Hart Mussey is the head of a family and that the property in controversy is his homestead. As a homestead it is free from the claims of creditors. Mussey’s homestead right is absolute and unconditional, and the decisions of the courts of Texas place it beyond the reach of his creditors. Krueger v. Wolf, 12 Tex. Civ. App. 167, 33 S. W. 663; Bank v. Cruger, 31 Tex. Civ. App. 17, 71 S. W. 785; Wolfe v. Buckley, 52 Tex. 641; Barry v. Hale, 2 Tex. Civ. App. 668, 21 S. W. 983; Lacy v. Lockett, 82 Tex. 190, 17 S. W. 916. See, also, Brau v. Von Rosenberg, 76 Tex. 522, 13 S. W. 485; Childers v. Henderson, 76 Tex. 664, 13 S. W. 481; Randolph v. White, 135 Fed. 875.
The trustee was right in setting aside the- property to the bankrupt as his homestead and exempt from forced sale, and an order will be accordingly so entered.
Reference
- Full Case Name
- In re MUSSEY
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- Syllabus
- 1. Homestead (§ 23*) — Persons Entitled — “Head of a Family.” Where a widower occupied property with a family, consisting of three children and his mother-in-law, and after coming of .a.ge ,his son left the place, a daughter was married, but after a time separated from' her husband, and returned with three children to live with her father,'while the mother-in-law and remaining daughter continued to make their home with him, though one had independent means, and the other earned a livelihood, the widower was the “head of a family,” and the place he occupied a homestead. [Ed. Note. — For other cases, see Homestead, Cent. Dig. § 32; Dec. Dig. § 23.*] 2. Homestead (§ 1*) — Nature of Right Created. The homestead right of a widower, the head of a family,- in Texas, is absolute and unconditional, and beyond the reach of creditors. [Ed. Note. — For other cases, see Homestead, 'Cent. Dig. § 1; Dec. Dig. § 1.*] 3. Homestead (§ 23*) — Persons Entitled — Unmarried Person. That the head of a family is unmarried does not affect his homestead right. [Ed. Note. — For other cases, see Homestead, Cent Dig. § 32; Dec. Dig. § 23.*] 4. Bankruptcy (§ 396*) — Remedies of Bankrupt — Homestead Exemption. Property occupied by a widower, the bead of a family, as a borne, was properly set aside to bim in bankruptcy as a homestead, exempt from forced sale. [Ed. Note. — For other eases, see Bankruptcy, Dee. Dig. § 396.*]