Cannon v. Murphy

Citations

• 31 Tex. 405

Syllabus

<p>Where 0. and wife settled, as colonists, upon a tract of land in Peters’ colony, and made improvements and continued to reside upon it until the death of the wife, in 1848, they acquired such property in the land as created a community interest; and, upon the death of the wife, her interest descended to her children, as her heirs. (Paschal’s Dig., Art. 4642, Note 1049.)</p> <p>The title at the death of the wife being inchoate, and the husband, after her death, having perfected the title, by obtaining the certificate of the colony commissioner, and having located upon the land and surveyed, he held the title as a “married man,” in trust, for himself and the heirs of the wife; and the purchaser of the whole from the husband took subject to the descent cast upon the children. (Paschal’s Dig., p. 76, § 1, Note 215; Arts. 813, 814, 818, Notes 400, 401.)</p> <p>Where the questions of improvements and the value of the use and occupation were left to the jury, which found for the plaintiff, but found neither' good faith nor value of use and occupation, and the question of title was a pure matter of law, the court refused to disturb the verdict. (Paschal’s Dig., Arts. 5300, 5307, Notes 1147, 1153.)</p>