Sanger Bros. v. Heirs of Moody

Stayton, Associate Justice.

That the land in controversy was community property owned by Louis Moody and his wife at the time of the death of the latter in 1863 is not questioned; nor can it be denied that at the time of the sale of the land, made by Louis Moody to N. A. Birge, through whom the appellants claim by regular chain of transfer, there existed at least one community debt amounting to between four and five thousand dollars. The record renders it highly probable that a much larger community indebtedness existed.

It is further admitted that all of the appellants were purchasers of the…