Cordier v. Cage

Citations

• 44 Tex. 532

Syllabus

<p>1. Administration of community property.—Under the act of August 26, 1856, upon filing an inventory as provided, the survivor can convey the real estate of such community. It is the inventory under said act, and not the appraisement, which gives the right to sell.</p> <p>2. Homestead—Same.—That community property is homestead will not prevent its sale under said law.</p> <p>3. Same.—Mere omissions in the inventory, or irregularities in the proceedings, will not vitiate a sale made of such property, and which is inventoried.</p> <p>4. Same.—Heirs and creditors could have omissions in the inventory corrected; a purchaser would not be affected by them.</p> <p>5. Execution of deed—Where a deed has been made by the party having the lawful authority to sell, the use by sucli person of a name different from that by which the party is usually known will not vitiate the deed.</p> <p>6. Construction of statute.—The act of August 26,1856, commonly called the marital-rights law, was designed to afford a simple means of administering community property, and should be liberally construed.</p>