Griffin v. Ford

Citations

• 60 Tex. 501
• 1883 Tex. LEXIS 365

Syllabus

<p>1. Saxe of community property.—The statute (Pasch. Dig., 4648) which gave to the surviving husband power to sell the community estate after the filing of an inventory, on the death of the wife, must be strictly construed; and such filing could not give validity to a sale made after the death of the wife and before compliance by the husband with the terms of the statute.</p> <p>2. Same.—If, after the filing of such inventory, the surviving husband is about to waste the common property, though’the heirs may apply to the court for protection, their failure to do this can work no forfeiture of their rights to property sold illegally by the father before the inventory was filed.</p> <p>3. Limitation.— The record of the deed, claim of title thereunder, the payment of taxes, and-a resort to land for timber cut by the purchaser thereon, are not sufficient to secure the protection of the five years’ statute of limitations.</p>