Browder v. Clemens

Citations

• 61 Tex. 587

Syllabus

<p>1. Community intebest — Pbesumption — Judgment.— In a suit by the heirs, claiming, by right of inheritance from their deceased mother, land which had been acquired during the marriage of the father and mother, but which they claimed was purchased with the separate means of the mother, and which had been sold by the surviving father after the mother’s death, under such circumstances that no title to even a community interest in the wife could pass by the father’s deed, the testimony left it uncertain as to whether the property was separate or community property. Held, that a judgment in favor of those heirs of the mother not barred by limitation, for their interest in an undivided half of the property, would not be reversed. The fact that the plaintiffs claimed thé entire tract was no reason for denying a judgment to such of them as appeared entitled, and who were not barred by limitation.</p>