In most of the states, the right to claim land exempt as a homestead is acquired by occupaucy of the premises as a home.315 To create a homestead by occupancy, the occupancy must be actual,316 an urban homestead by dividing it into town lots. Bassett v. Messner, 30 Tex. 004. Cf. Allen v. Whitaker (Tex. Sup.) 18 S. W. 160.

312 Taylor v. Boulware, 17 Tex. 74; Frost v. Rainbow, 85 Iowa, 289, 52 N. W. 198. But see Heidel v. Benedict (Minn.) G3 N. W. 490.

313 Mayho v. Cotton, 69 N. C. 2S9; Martin v. Hughes, 67 N. C. 293; Williams v. Hall, 33 Tex. 212; Perkins v. Quigley, 62 Mo. 498; West River Bank v. Gale, 42 Vt. 27; Shubert v. Winston, 95 Ala. 514, 11 South. 200; Webb v. Hayner, 49 Fed. 601, 605; Grlswold v. Huffaker, 47 Kan. 690, 28 Pac. 696.

314 Reynolds v. Hull, 36 Iowa, 394; Bunker v. Locke, 15 Wis. 635; Walters v. People, 18 111. 194; True v. Morrill, 28 Vt. 672; Adams v. Jenkins, 16 Gray (Mass.) 146; Linn Co. Bank v. Hopkins, 47 Kan. 580, 28 Pac. 606; Mccrosky v. Walker, 55 Ark. 303, 18 S. W. 169; Williams v. Willis, 84 Tex. 398, 19 S. W. 683; Allen v. Whitaker (Tex. Sup.) 18 S. W. 160.

315 Thomp. Homest. & Exemp. § 198.

316 Thomp. Homest. & Exemp. 199; Gregg v. Bostwick, 33 Cal. 220; Kitch-ell v. Burgwin, 21 111. 40; Walters v. People, Id. 178; Tourville v. Pierson, 39 111. 446; True v. Morrill, 28 Vt. 672; Mcmonegle v. Wilson, 103 Mich. 264, 61 N. W. 495; Cahill v. Wilson, 62 111. 137; Campbell v. Ayres, 18 Iowa, 252; Coolidge v. Wells, 20 Mich. 79; Tillotson v. Millard, 7 Minn. 513 (Gil. 419); Petty v. Barrett, 37 Tex. 84; Campbell v. Adair, 45 Miss. 170. For cases where the facts did not show sufficient occupancy, see Evans v. Caiman, 92 Mich. 427, 52 N. W. 787; Tromans v. Mahlman, 92 Cal. 1, 27 Pac. 1094, and 28 Pac. 579; Sharp v. Johnston (Tex. Sup.) 19 S. W. 259. The requirement of actual occupancy is relaxed in the case of a widow or minor children surviving the owner. Titman v. Moore, 43 111. 169; Locke and in many states must exist at the time the adverse right against which the exemption is claimed accrues.317 Dedication by occupancy is based on the theory that the use of the premises as a home is notice to the world of the existence of the exemption.318 Therefore the occupancy is required to be permanent,319 and by the family as a home.320 It must be personal, and not by a tenant.321 But it is not required by the statutes that the occupancy be continued any stated length of time before the exemption is acquired. So, after premises have acquired a homestead character, that character is not lost by temporary interruptions in the occupancy.322