Johnson v. Harrison

Citations

• 48 Tex. 257

Syllabus

<p>1. Suit by heir of deceased wife for community property.— In a suit for land by the heirs of a deceased wife against vendees of the husband, subsequent to the wife’s death : Held, That the fact of heirship and that the land was community property at the death of the parent being established, the children of the deceased are entitled to recover, unless some equitable defense be made.</p> <p>2. Cases discussed and approved.—Robinson v. McDonald, 11 Tex., 385; Duncan v. Rawls, 16 Tex., 478; Thompson v. Cragg, 24 Tex., 582 ; Mitchell v. Marr, 26 Tex., 329; Jones v. Jones, 15 Tex., 143; Stramler v. Coe, 15 Tex., 211; Primm v. Barton, 18 Tex., 227; Walker v. Howard, 34 Tex., 478; Magee v. Rice, 37 Tex., 500.</p> <p>3. Case discussed and limited.—Burleson v. Burleson, 28 Tex., 418.</p> <p>4. Community property liable to debts of community.—On the death of either husband or wife, the debts and obligations of the community are a charge on the common property, which must be satisfied, and it is only the remainder to which .the survivor and children of the deceased are entitled. But, subject to this charge, the remainder vests in the survivor and the children of the deceased.</p> <p>5. Same.—The interest of the survivor and that of the children is the same, each one-half of the remainder. The legal title is in the survivor and in the children.</p> <p>6. Community debts, how paid.—If there be community debts, the survivor of the community may appropriate community property to their payment, and his power to wind up the community affairs is so far recognized, that sales made by him for that purpose will not-be set aside. ,</p> <p>7. Sale of community property by survivor.—The power to' sell is dependent upon the existence of some claim against the community, and whoever purchases must see to it that the facts exist which authorize the sale.</p> <p>8. Suits by heibs against the vendee of survivor.—Children of the deceased member of the community, suing the vendee of the surviv