Battle v. John

Citations

• 49 Tex. 202

Syllabus

<p>1. Propositions under the new rules.—Conclusions from principles of law, or argumentative deductions from matters of fact tending to show error in the ruling of the court below, are more appro- ‘ priate in the argument or statement than as propositions under the new rules of practice.</p> <p>2. Partition by tenants in common.—A tenant in common will iiot be allowed to force partition of a part of a common estate. He must apply for partition of the entire estate, if he would divide any.</p> <p>3. Same.—But it does not follow, that, on a purchase from one tenant in common of a part of the common estate, when such purchase is acquiesced in by the others, a partition of such part cannot be had without forcing partition of the entire property.</p> <p>4. Same.—It would seem to follow, that if some of the parties have no interest, either legal or equitable, by estoppel or.otherwise, in a portion of the tract, they cannot object to partition because it is not sought of such portion, especially when all' parties interested in the entire tract sought to be partitioned arc before the court.</p> <p>5. Homestead.—Husband and wife owned a tract as tenants in common, the wife owning two-sevenths interest. On bankruptcy of the husband, all of the tract, but 200 acres homestead, was sold in the bankruptcy proceedings. In a suit by the wife against the purchasers for partition : Held—</p> <p>1. That there is no tenancy in common between the husband and wife and the purchasers. The purchasers having no right in the homestead, the husband having no interest in that part sold; the husband being tenant in common, the purchasers taking his interest became tenants in common with the wife.</p> <p>2. The setting apart of the homestead interest, and the segregation of the excess in the tract over and above the 200 acres constituting the homestead, by its sale, as completely severs the tract as if the parts had never been united.</p> <p>3. Each of the subdivisions, the homestead and the exc