Black v. Rockmore

Citations

• 50 Tex. 88

Syllabus

<p>1. Homestead—Trust deed avoided by death of husband.— The sale of a community homestead of an insolvent estate after the death of the husband, and after the wife had filed the bond, inventory, and appraisement required by the probate act of 1870, (Paschal’s Dig., arts. 5494, 5497,) made under a deed of trust, with power of sale, executed by the husband and wife, does not vest title as against the homestead right of the widow.</p> <p>2. Void sale of trust property.—A credit made on the note secured by such trust deed by such sale should be cancelled. The failure of title under the sale gave the right to judgment for the original indebtedness in favor of the holder of the note.</p> <p>3. Vendor’s lien.—To the extent that a debt secured by such deed of trust was for the purchase-money, it can be enforced against the land, unless otherwise waived than would result from the execution of the deed of trust.</p>