The Texas Reports : Cases Argued And Decided in the Supreme Court of the State of Texas
The Texas Reports : Cases Argued And Decided in the Supreme Court of the State of Texas
Texas. Supreme Court
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In other words, where a mechanic's lien has been legally created and fixed on the homestead, can the husband and wife, by express contract, make a valid and binding ob- ligation by which the homestead can be subjected to such debt, the time Digitized by VjOOQIC 1893.'] LipPENCOTT V. York. 279 of the payment of the debt being extended beyond the time the same could be enforced under section 17, chapter 98, Acts of Legislature 1889, page 114?'' These questions are so related that the consideratio...n of one necessarily involves the consideration of others; and their proper determination in- volves inquiry as to power of husband and wife to impose a charge upon their homstead, the nature and eflfect of the mechanic's lien, and the dif- ferences between that and such lien as depends solely on contract, as well as the interpretation of the contracts assumed to have been made. The Constitution provides, that *' The homestead of a famil}"^ shall be and is hereby protected from forced sale for the payment of all debts, ex- cept for the purchase money thereof, or a part of such purchase money, the taxes due thereon, or for work and material used in constructing im- provements thereon, and in this last case only when the work and material are contracted for in writing, with the consent of the wife, given in the same manner as is required in making a sale of the homestead.
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