Grothaus v. De Lopez

Citations

• 57 Tex. 670
• 1882 Tex. LEXIS 197

Syllabus

<p>1. Homestead.—- The surviving widow occupying with her children a homestead in which she had at least a community interest, executed a deed of trust thereon in 1874 to secure her creditor. In trespass to try title brought against her by the purchaser at trust sale, held —</p> <p>(1) If the property was the separate estate of the surviving widow, the deed by the trustee to the purchaser at trust sale passed the title.</p> <p>(2) If the widow owned but a community interest in the homestead, the purchaser at trust sale acquired that interest, and had equal estate and possessory right with the children of the marriage.</p>