Hamblin v. Warnecke

Citations

• 31 Tex. 91

Syllabus

<p>The county court can only order a sale of property where it is necessary to pay debts.</p> <p>As the homestead is exempt from forced sale by the 22d section of the 7th article of the constitution, neither the county court nor a court of general jurisdiction has the right to order a forced sale of it. (Paschal’s Dig., p. 65, Note 198.)</p> <p>To constitute an administrator’s sale there must be a vendor and vendee, as well as a consideration; and where the administrator sells and buys the sale is a nullity.</p>