Article XVI, Section 18 of the Texas Constitution

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This section was repealed November 2, 1999.

Editor Comments

The former section, adopted in 1876 and never amended, was a constitutional transition provision.

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

  • Wright v. Straub, 64 Tex. 64, 66 (1885) (citation omitted) ("It seems to be settled in this state that a judgment lien takes precedence of a subsequently acquired homestead right. Obviously it was not the intention of the convention, in extending the homestead exemption, to divest or interfere with previously existing rights. Const., art. 16, sec. 18. But if it had been the intention of the convention to divest or destroy previously existing judgment liens, in extending the exemption, and it had been so declared, still it has been held by the supreme court of the United States that an existing judgment lien is such a vested right as is beyond the power of a constitutional convention to divest or destroy.")

Library Resources

Online Resources