Black v. Rockmore

Bonner, Associate Justice.

This case decides that the sale of a community homestead of an insolvent estate, after the death of the husband and after the surviving wife had filed the bond, inventory, and appraisement required by the probate act of 15th August, 1870, (Paschal’s Dig., arts. 5494-5497,) made under a deed of trust, with power of sale, previously executed by the husband and wife, did not vest title in the purchaser over the homestead right of the wife; and also that, under the circumstances as disclosed by the pleadings and evidence, the credit for the amount of the bid at such…