Carter v. Wise
Texas Supreme Court
Error from Collin. Tried below before T. C. Goodner, Esq., Special Judge. The plaintiffs in error held the land in controversy by regular chain of transfer from Langdon C. Searcy, the patentee.
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Error from Collin. Tried below before T. C. Goodner, Esq., Special Judge. The plaintiffs in error held the land in controversy by regular chain of transfer from Langdon C. Searcy, the patentee. The certificate was issued- to Searcy by Commissioner Ward, under act of January 21, 1850, on account of-his immigration and settlement within Peters’ Colony, prior to the first day of July, 1848. " L. C. Searcy and Sophronia, mother of- defendants in errol, being husband and wife, immigrated to Texas as colonists in the year 1844, and settled within the limits of Peters’ Colony, upon the section of…
1Opinion of the CourtMcAdoo, J.
The land which is the subject matter of this suit was community property of L. C. Searcy and his wife Sophronia, the father and mother of the appellees.
It is true, the patent did not issue until after the death of the wife, but it was acquired by reason of the fact that Searcy was a married man, and lived on and improved the property, with his family. When the mother of the appellees died, her community interest in this land accrued to and vested in her children, the appellees. It was not subject to sale and conveyance by their father.
The only question which arises in the case is, are the…
2Cited by5 opinions
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