money, the taxes due thereon, or for work and material used in constructing improvements thereon; nor shall the owner, if married, sell the homestead without the consent of his or her spouse, given in such manner as may be prescribed by law: Provided, nothing in this article shall prohibit any person from mortgaging his homestead, the spouse, if any, joining therein; nor prevent the sale thereof on foreclosure to satisfy any mortgage.

After the adoption of this Constitution, paragraph three of section four, and section five, of Chapter thirty-four, Statutes of Oklahoma, of eighteen hundred and ninety-three, shall be inoperative: Provided, that no property shall be exempt for any part of the purchase price while the same, or any part thereof, remains in the possession of the original vendee, or in possession of any purchaser from such vendee, with notice: And provided, further, nothing in this Constitution shall prevent or prohibit any person from mortgaging or encumbering his personal exemptions."

Sec. 927. What property exempt from attachment or execution.

The following property shall be reserved to every family residing in the State, exempt from attachment or execution, and every other species of forced sale for the payment of debts, except as hereinafter provided: First, the homestead of the family, which shall consist of the home of the family, whether the title to the same shall be lodged in or owned by the husband or wife. Second, all the household and kitchen furniture. Third, any lot or lots in a cemetery held for the purpose of sepulture. Fourth, all implements of husbandry used upon the homestead. Fifth, all tools, apparatus and books belonging to and used in any trade or profession. Sixth, the family library, and all family portraits and pictures, and wearing apparel. Seventh, five milch

3 Sections 1, 2 and 3 of Art. 12 of the Constitution of the State of Oklahoma.

Eighth, one

cows, and their calves under six months old. yoke of work oxen, with necessary yokes and chains. Ninth, two horses or two mules, and one wagon, cart or dray. Tenth, one carriage or buggy. Eleventh, one gun. Twelfth, ten hogs. Thirteenth, twenty head of sheep. Fourteenth, all saddles, bridles and harness necessary for the use of the family. Fifteenth, all provisions and forage on hand, or growing for home consumption, and for the use of exempt stock for one year. Sixteenth, all current wages and earnings for personal or professional services earned within the last ninety days.*

The homestead is exempt to the family, and cannot be taken on attachment for a tort of the husband and father."

Sec. 928. The homestead shall consist of what-May be mortgaged.

The homestead of a family not in a town or city shall consist of not more than one hundred and sixty acres of land, which shall be in one tract or parcel with the improvements thereon. The homestead in a city, town or village, shall consist of a lot, or lots, not to exceed one acre with the improvements thereon: Provided, that the same shall be used for the purpose of a home for the family: Provided, also, that any temporary renting of the homestead shall not change the character of the same when no other homestead has been acquired: Provided, however, that nothing in this act shall prohibit any person from mortgaging his or her homestead. The exemption herein provided for must not be construed to apply to the following persons, namely:

1. To a corporation for profit.

2. To a nonresident.

4 Snyder, 3,346; Wilson, 2,985.

5 Cassady v. Morris, 19 Okla. 203, 91 Pac. 888.

3. To a debtor who is in the act of removing his family from the State; or,

4. Who has absconded, taking with him his family."

Sec. 929.

Abandonment-Waiver-Forfeiture.

8

Where land has by occupancy of the family become invested with a character as a homestead, a constructive occupancy will be sufficient, and any temporary absence therefrom will not constitute an abandonment of it. The abandonment of property used as a home, though returning to the use of it temporarily, shall be regarded as a waiver of the homestead right. A business block, a part of which was occupied by the owner and his family, was held to constitute a homestead and be exempt from levy and execution." The obligation of a family and the support thereof, is necessary to give one claiming the right to his property exempt as a homestead. It must have devolved upon him to support those whom the law requires him to care for.10 Where an insolvent purchases real estate and directs the legal title to be taken by a third person for his and his family's use, the homestead will not lose its character.11

Sec. 930. Deed, mortgage or contract relating to homestead must be in writing and both husband and wife must join.

No deed, mortgage or other conveyance relating to real estate, or any interest therein, other than for a lease for a period not to exceed one year, to writing and subscribed by

• Snyder, 3,347; Wilson, 2,986. 7 Ball v. Houston, 11 Okla. 233, 66 Pac. 358; Rockwood v. St. John's, 10 Okla. 476, 62 Pac. 277.

8 Betts v. Mills, 8 Okla. 351, 58 Pac. 957; Schultz v. Barrows, 8 Okla. 297, 56 Pac. 1,053; Northwest v. McCarroll (Okla.), 118 Pac. 352.

shall be valid until reduced the grantor; and no deed,

9 DeFord v. Painter, 3 Okla. SO, 41 Pac. 96.

10 Betts v. Mills, 8 Okla. 351, 8 Pac. 957; but see Cordray v. Nelson, 21 Okla. 574, 95 Pac. 761.

11 Hunter v. Griffith, 12 Okla. 436, 72 Pac. 361.

mortgage or contract relating to the homestead exempt by law, except a lease for a period not to exceed one year, shall be valid unless in writing and subscribed by both husband and wife where both are living and not divorced, except to the extent hereinafter provided.12

13

This rule of law does not apply where the husband executes a deed on the homestead to the wife." Nor does it apply to the separate property of the wife which is used as a family residence.14

Sec. 931. When husband or wife may execute instrument without the other joining.

Where the title to the homestead is in the husband, and the wife voluntarily abandons him for a period of one year, or from any cause, takes up her residence out of the State, he may convey, mortgage or make any contract relating thereto without being joined therein by her, and where the title to the homestead is in the wife, and the husband voluntarily abandons her, or from any cause takes up his residence out of the State for a period of one year, she may convey, mortgage or make any contract relating thereto without being joined therein by him.15

Sec. 932. Husband or wife, executing instrument on homestead alone, can be avoided only by the party not joining.

If the husband shall make any deed, mortgage or contract relating to the homestead without being joined therein by his wife, he shall be concluded thereby, and the same can only be avoided by the wife; and if the wife shall make any deed, mortgage or contract relating to the homestead

12 Snyder, 1,187; Wilson, 880.

13 Hall v. Powell, Okla. 276, 57 Pac. 168.

14 McGinnis v. Wood, 4 Okla. 499, 47 Pac. 492.

15 Snyder, 1,189; Wilson, 882; see Hubert v. Wagg, 117 Pac. (Okla.) 209.

without being joined therein by the husband, she shall be concluded thereby, and the same can only be avoided by the husband; and, in either case, the husband or wife entitled to avoid any such deed, mortgage or contract shall be concluded by a failure after due notice of any suit in a court of competent jurisdiction, to set forth his right, title or interest therein.18 Where a wife clearly understands what she is doing when she signs a mortgage on the homestead, she will not be released from the consequences of her act."

Sec. 933. The husband and wife must join in the same instrument to convey homestead.

As the statute provides that all instruments, other than leases for one year, affecting real estate occupied as to the homestead, are void unless the husband and wife join in the execution and acknowledgment of the instrument conveying the same, it was held in this State, in a case where the wife did not join in a mortgage executed by the husband on property which had been abandoned as a homestead by the husband, the wife not having signed the mortgage, that, as the wife did not join in the mortgage, it was void from the beginning. 18

It is seen by the foregoing that the husband or wife must consent to the other before the homestead can be conveyed. It is urged by some that the consent must be given in the same deed by which the one having the record title conveys. Indeed, the Legislature not having enacted how the consent is obtained, there is quite an array of decisions holding that it must be so made."

19

18 Snyder, 1,190; Wilson, 883; see, also, Goldsborough v. Hewitt, 99 Pac. (Okla.) 907; Love v. Cavett, 109 Pac. (Okla.) 553; Cordray v. Morgan, 21 Okla. 574, 95 Pac. 761.

17 Bastin v. Shafer, 15 Okla. 607, 85 Pac. 349.

18 Hall v. Powell, 8 Okla. 276, 57 Pac. 168.

19 Hall v. Powell, 8 Okla. 276, 57 Pac. 168; Smith v. Pine, 7