Hill v. Osborne

Citations

• 60 Tex. 390
• 1883 Tex. LEXIS 345

Syllabus

<p>1. Community debts.—Upon the death of the wife the common property is held by the husband for the payment of community debts, and the deceased wife’s portion descends to her children subject to the right of the husband to use it in payment of such debts, and of creditors to enforce against it their community demands.</p> <p>2. Action— Community debts.— In a suit by one claiming land under two sales, one under a trust deed and the other an execution or judgment, both alleged to be for community debts, the heirs of the deceased wife of the defendant debtor intervened, alleging it to be community property, and claiming an interest of one-half in the property. The plaintiff asked that in the event his purchases at trust sale and execution were not valid, the property might be subjected to the satisfaction of the judgment debts he held against the community estate, and he alleged insolvency of the defendant and of the community estate. Held, that it was proper for the court to settle the rights and equities of all the parties growing out of the subject of litigation, and it should not have sustained a demurrer that deprived the creditor of a relief he was entitled to when seeking to enforce marital debts against the community property chargeable with their payment.</p>