Harris v. Seinsheimer

Citations

• 67 Tex. 356
• 3 S.W. 307
• 1887 Tex. LEXIS 884

Syllabus

<p>1. Separate Property—Notice—Purchaser.—1Though land conveyed to the husband during coverture is presumed to be community property, and the purchaser at execution sale under a valid judgment against him takes title, it is otherwise if the wife's separate property was.given for the title. She then becomes the equitable owner, and notice of her rights given at such execution sale will defeat any right the purchaser would otherwise have acquired.</p> <p>2. Evidence—Witness.—One who, being party to a suit, claims title to land by deed from a deceased mother, in a suit where the plaintiff’s title is a sheriff’s deed under execution sale to satisfy a judgment against the deceased father, is not disqualified by Article 2448, Revised Statutes, from testifying from his own knowledge that the title to the property which, before judgment, was conveyed to his father, was, in fact, paid for with the separate means of his mother.</p> <p>3. Judgment Lien—Homestead.—The interest of an heir inherited in the homestead property of his father is subject to judicial sale for the payment of the debt of the heir, and to that interest a judgment lien attaches from the date of its registry in the county where the land is situated, if the situation of the heir is not such as to exempt his interest from forced sale.</p> <p>4. Same.—A purchaser of such interest would acquire no right to possession of any part of the property so long as the surviving mother retained homestead rights in it.</p>