*1 FIRST NAT. BANK v. JONES S.W.) Covington Burleson, contiguous, cited su v. 28 Tex. two were as the homestead cannot pra by appellee. urban and In it cites Trimble holding. authority This as an Case for On Motion appeal for from was decided a direct judgment. is the the same effect the case of To 2. Homestead —Land in not supra by Sydnor, Menard cited larger rural o-utside, though because tract appeal appellees. This a direct from not laid off into lots or clear- judgment, ed of brush. it was held: and Land in a is not rural because appears very clearly Virginia Menard, “It that plaintiffs error, was, at the one of the of the foundation of this date city, so as to make it a aof rural home- trust which is the- execution of the deed of stead, though it has never been suit, and the time this nor cleared of brush. judgment covert, rendered, feme error, judg- coplaintiff and <&wkey;59 her wife of 3. Homestead and —Land against generally, and her is rendered ment does not become vendee’s against as well authorized to issue execution beeause it was vendor’s Menard, husband,, against her for A. her B. when sold. unpaid the sale amount left land, part That a tract of of which was in- the land. part outside, side formed vendor’s pretended is is not “It sold, homestead when does make it vendee’s petition allegation as would facts in the as homestead cannot be sepa charge on the the debt sued make rate it is conveyed by deed, but each head of a which, Menard, without estate of must make the homestead for the judgment against settled, general well the status of the land when he Lynch Elkes, 21 be sustained. her cannot homestead determines rural is whether it an urban or Miller, 215; 230; Trimble v. Tex. Haynes Stovall, 625.” Appeal Court, Hidalgo from District Coun- appeal a direct bad been cause ty; Kittrell, Judge. Norman G. judgment, was in the above- from Action the First Bank National Mc- cases, shown be in a and the suit cited against Allen Charles Jones and others. obligation joint and the husband of the wife judgment From a for obligation benefit'of her others, setting named defendant and two children, separate it would estate and plaintiff appeals. attachment, aside an Re- stood, here would and the relief have part. versed as held in the cases cited. presents upon a Leslie, void- cause attack E. J. judgment appeal, and there is not on Bounds, ap- able McDaniel & where the husband pellees. similar case no joint upon obliga- their are sued wife and tion, void. FLY, ap- J. This C. suit instituted with, course, Jones, pellant against if we are in conflict Jones, Effie R. Charles overruling, wife, Jones, Jones, our are W. W. E. Paul contended, vigorously composing copartnership writ of error then firm of Jones granted. Sons, $3,625, no doubt But we do not promissory & note for cent, cent, and, matter, nothing per as there is per view the and 10 presented already attorney’s fees, new considered, foreclose a certain original opin- placed we adhere our writ of attachment lot 11 and the ion, quar- and the motion is overruled. the northeast lot 12 east 4% Hidalgo of section 8 of the ter Canal Com- pany’s porciones subdivision of its county. Hidalgo and 66 in It was al- land, although leged that the name Jones, community property Effie R. was the McALLEN FIRST NAT. BANK OF husband, her her of cause (No. 6808.) JONES et al. tried without a of Texas. San Anto rendered favor of nio. Nov. pellant Jones, Jones, W. W. $4,427.18, E. Paul sum Jones for the interest, principal, attorney’s amount of purchasing —Parties I.Homestead land fees, nothing take as to Effie acquire outside town Jones,' R. attached was the by occupying no homestead that outside homestead of Charles Jones and Effie R. inside. Jones, attachment, and not purchasing land, A husband no that the lien on such obtained outside a was within ac- which quired levy attachment, by making of the writ no that outside town, though the same was set aside. Key-Numbered

<§=>Forother cases see same KEY-NÜMBER'in and 244 S.W.-67 *2 (Tex. REPORTER 244 SOUTHWESTERN 1058 would be 91 Tex. 160.W. they, to school bought len sale. The court said: in the town in this case and fixed acter, S acres bought home ing the stead. side of sion made it his homestead. within balance date poses. Allen v. Whitaker 100 acres outside the town tached. The of Lauchheimer v. time of McAllen. acres it and tion used it as a whole 109 acres home had the 9 acres not have been included came a ber, 1916, and all said of the extension of the city a the rural the owner in the mercantile business after this suit show first S. “When a rural homestead The homestead The facts ^[1] showing W. and made elections. the land of it was they reared When adjacent their home in the home; town so of it will not 100 acres lots 11 and made If could of the two 14 W. there. rural. Charles three made it a and Charles Jones presented. Charles Jones and There it was used the western in this case show mercantile city never became a city although their children town. At S. are similar In the homestead, Propinquity their livelihood that of an urban home to a town or two lots were cultivated had S. They office, acres adjoining his limits land was to embrace make it a could W. was a residence on in the town 156. had acres in the 12, Saunders, 97 been taken brought time. The court held the nor destroy hóme, were citizens of 145; Posey Bass, the facts are hereinbefore home as and his Wilder corporate no time did had been appellees business. without part not be to those impair of land have been a rural correct, Jones and The facts did Jones as such.” growth assume one in McAllen until McAllen, 12 there; (Tex. paid acquired, a different and the land the homestead or the character they Afterwards was right of lot not in the homestead and acres off Effie Saunders wife voted at lying, soon was a candi- business there and into and land outside the limits country lines of that moved Sup.) made their McConnell, engaged labor The facts sent the home described, to by engag- to forced McAllen; mere fact exists in It. Jones 12 his stronger Septem as at of .the urban exten McAl- limits char- being or paid case they city, and case case pur por out be at S. 3 he could upon with one acre in the live yet exempt time when the homestead adjacent a man can upon 3 stead. We was ever lien on the pellant have a foreclosure of its lien and re- made it their home. homestead 160, and exempt, while the lands run north and south across lot 12 cover all costs in this behalf tion strates which and 3 acres The line,’ No 'such Allen, tending city being designated extended so but in both those cases the town had been character of the land Bass and Wilder limits of Litchfield if it had been 10 miles appellees bought could “It is true In the The conclusion of this court that Appellees The land presence farm they on the approved by decided denied court held 200 acres did at the' time in the but'said 3 corporate jurisdiction course it was held acres in limits thereof and a sketch is inserted in the mo- outside the demonstrate the error. what the witness state of facts exist in ease of showed On settled on the contemplated by and a lot 12 were within the impress (Tex. McAllen is assailed as say: extend outside complete do a home. It impress it outside land outside the the whole of rely upon Motion for lines correctness of the conclusion. further town, lay alongside it, any could not not think to take lay latter court pasture Civ. foreclosure of the attachment of McAllen.” urban a town corporation Stayton, by buying Allen v. will be reversed in so far west it the town and tract of land a McConnell, App.) town. Commission held They could were being established, of this court that and 15 acres itself, homestead character was a voter therein and anything destroy part and within the limits Gaines, Whitaker, called a rural and take 144 that; distant. the law. cows cases could not make a line of the expended. Appellees not bé extended land as home- S. W. 350. part had an urban ‘an its character. herein a homestead outside and honored of the kind homestead, fact within It demon- more than engage imaginary character corporate being it within was used case, Posey without, outside, not. part so that Henry, of Mc- herein the 3 cited, rural at a said but in- ex v. TYER BUTIJER. (244 S.w.) voluntarily words, court will not the 3 were with- In other subscribe to they not with- doctrine. None of the cases This is a subtle distinction that cited as that where acquired homestead had been to draw. after rhe are unable *3 judge limits had part when been extended The trial found tha.t so property of a rural the two-thirds of lot homestead. In the case of Exchange Hulen, Paris all of 11 were Tex. Civ. App. 285, in another S. W. addition the fail 278. to show city adjoining tlie of land when in the Hulen was partly city. according of which to the the hand, finding might gave- appellees On the other of -a be inferred the land bought the of outside the of is rath- when which Hulen city. large it. We er infer this from the a homestead a fact that altogether on cites built oases lot which estab- homesteads had been established lished a mercantile business and after- claiming wards while because a the owners two lots had been nursery purposes' homesteads when for farm or used the claim were ex- consisting tended is made a to to include within the We lying seen no case that holds when rights country. This was the status been established a land, they tract conveyance of the tablished, when the homestead was es- will be transferred a of the land. Jones swore: The motion is overruled. place, is, “Three acres of this the front acres, is in limits and was within the limits McAllen the time we. lived in it. The house we is within the limits.” (No. BUTLER 1361.) v. TYER. the same tenor was evidence of of Texas. El Paso. Oct. Charles Jones. [2, 3] contention as to 3 acres in becoming a a rural home — requiring 1. Appeal and error Rule theory that when stead based a assignments to brief copy below inapplicable land, party purchases which a tract assignments where such not relied on on ap- farm, lying partly in a peal. country, all of the tract is a rural home vii), providing Rule 32 stead, up copies as such shall be claimed to brief contain only verbatim assignments of the court and put error filed trial limit of acres. Great stress is the on reproduced transcript as are lying fact that appeal, applicable relied on the assignments where lots, inside been laid off into none filed in the trial court probably it off in and to never upon, plaintiff are relied and in such case person. lots if one owned Still it was required copy error is not signments in his brief as- limits, juris and under the below. filed city government. diction control (2) <&wkey;35l 2. Trial to require piece —Failure submis- Because a of land is has jury sion issue of lien to held a consent lots, been never laid off into and has never decision court. brush, cleared would not make In a contractor's action owner it rural because it is a of a building due balance under the contract outside Nor therefor, and for foreclosure of a lien defend- would the fact inside the ant, by request failing to submission of the is- outside formed at the sue lien to the consented that the court should decide view of Rev. St. time was sold the ven art. 1985. make it the rural homestead of dor dee. Homestead by the ven conveyed cannot &wkey;>263(4) 3. Mechanics’ liens vendee —Owner’s deed, head each must who had surrendered held not nec- make the and the foreclosure party of lien. essary building when status Where owner contracted alterations, subsequently with gives homestead If character to homestead. building party, sold the extra work afterwards took third to a third who directed homestead; is in it is an urban original done, but the owner country, if it is a rural building back from such might theory Any other create the situation party, and there was no issue living men all the limits of cities around or the contractor owner as third their homes and farms party party, necessary par- third property both in and out the ty the contractor a suit the owner exempted payment from the and to debts. contract foreclose lien. <gx=For Key-Numbered in all see and KEY-NUMBER other oases