Wenar v. Stenzel
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. This suit was brought by the appellees, as heirs of their mother, against the appellant, the purchaser, holding under warrantee deed made by their father, after her death, for their share of the community interest of the mother in lot number S, in block number 384, in the city of Galveston, alleged to be one-half thereof.
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. This suit was brought by the appellees, as heirs of their mother, against the appellant, the purchaser, holding under warrantee deed made by their father, after her death, for their share of the community interest of the mother in lot number S, in block number 384, in the city of Galveston, alleged to be one-half thereof. The appellant, in defense, pleaded a general denial; and, specially, set up the warranty of the father, and assets descended to the appellee of equal value, by way of estoppel; and alleged the existence of…
1Opinion of the Court
Gould, Associate Justice.
That sales of community property, fairly made by the surviving husband, for the purpose of •discharging community obligations, cannot be disturbed by the heirs of the deceased wife, is not an open question in this *489court. (Jones v. Jones, 15 Tex., 143; Primm v. Barton, 18 Tex., 222; Good v. Coombs, 28 Tex., 51; Walker v. Howard, 34 Tex., 513; Dawson v. Holt, 44 Tex., 174.)
' This power in the surviving husband has been recognized in recent decisions, and the opinion expressed that it was not affected by the act of 1856, amendatory of the marital-rights act, enabling the…
2Cases cited7 opinions
- Chamblee v. TarboxTexas Supreme Court · 1863
- Dawson v. HoltTexas Supreme Court · 1875
- Jones' Adm'r v. JonesTexas Supreme Court · 1855
- Primm v. BartonTexas Supreme Court · 1856
- Good v. CoombsTexas Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sanger Bros. v. Heirs of MoodyTexas Supreme Court · 1883
- Manchaca v. FieldTexas Supreme Court · 1884
- Watkins v. HallTexas Supreme Court · 1882
- Jones v. HarrisCourt of Appeals of Texas · 1911
- Morse v. NibbsCourt of Appeals of Texas · 1912
12 more not listed; retrieve them via the Exa API.