Harrison v. Oberthier

Citations

• 40 Tex. 385

Syllabus

<p>1. The probate court has the power to set aside the homestead of two hundred acres out of a larger tract owned by an estate, even before the purchase money has been paid.</p> <p>S. Such order will protect the family, even against the holder of the vendor’s lien, until it has been set aside in a direct proceeding for that purpose, with all parties interested before the court.</p> <p>8. Upon such proceeding to enforce the vendor’s lien, the proper order would be, to sell the excess of the tract over the allotted.homestead, and so much of the homestead as may be necessary to pay the purchase money.</p> <p>4. The statute (Paschal’s Digest, Article 5771) authorizes the District Court upon motion to revise and correct the proceedings of the county court relating to estates of deceased persons.</p>