Hair v. Wood

Citations

• 58 Tex. 77
• 1882 Tex. LEXIS 211

Syllabus

<p>1. Homestead.—The husband attempted to convey the homestead by deed in which the wife did not join. After his death she, as surviving wife and head of the family, instituted suit to recover the property, and on appeal to the supreme court a judgment which had been rendered against her was reversed, and judgment rendered canceling the deed and all conveyances under it. After the determination of that suit the children of the marriage, who were minors when the deed from the father was made, brought suit against one claiming under the father’s deed, and who claimed also under a deed made by the mother after judgment in the supreme court to recover the land was rendered. Held,</p> <p>(1) The judgment in the supreme court inured to the benefit of the children to the extent of the interest inherited from the father, as against all persons claiming under deeds canceled by that judgment. .</p> <p>(2) It was not necessary to make one purchasing during the pendency of the suit by the mother, and who claimed under the deed made by the father, a party, in order to conclude his rights by the judgment therein rendered.</p> <p>(3) The homestead, being community property, was vested one-half in the wife and the other half in the children of the marriage.</p> <p>(4) The children were entitled to the undivided half interest inherited from the father in the land constituting the homestead.</p>