Furrh v. Winston

Citations

• 66 Tex. 521
• 1 S.W. 527
• 1886 Tex. LEXIS 554

Syllabus

<p>1. Descent—Sale by co-tenant—Equity—Improvements by husband on separate property of wife—Effect—Practice—Three children brought suit to recover six acres of land which was the separate property of their mother, who died in 1872. Defendants claimed through a warranty deed made- by the father in 1877, and alleged that during the married life of the father and mother the father, with community funds, in good faith, erected valuable improvements upon the land in controversy. They further alleged that at the time of her death the mother owned 2,160 acres of land in one body, of which the six acres was a part; that she left five children, the issue of her marriage with the father, of whom two died without issue and unmarried; that the interest inherited by the father in the 2,160 acres far exceeded the value of the interest of plaintiffs in the six acres in controversy, and they asked that his interest in all the land, so far as necessary to protect their title to the six acres, be given to them by setting apart to them the land in controversy. Defendants also alleged that T. asserted some claim to the land in controversy, and asked that he be made a party and assert whatever claim he might have. Held:</p> <p>(1) On the death of the two children the father became a tenant in common with plaintiffs, and, while he could not divest the title of his co-owners by selling a specific part of the property, the answer made a case in which a court of equity would protect his vendee by setting apart to him the particular tract bought.</p> <p>(2) This would be the case whether the property consisted of one or several tracts, and whether the children, from whom the father inherited, died before or after the sale.</p> <p>(3) The erection of the improvements gave the father no title to any part of the land' on which they stood, but the community estate was entitled to be reimbursed out of the separate estate of the mother for the cost of erection. (Rice v. Bice, 21 Tex., 66; Bond v.