Kirkland v. Little

Citations

• 41 Tex. 456

Syllabus

<p>1. Construction of a contract for sale of land.—An obligation for the balance of purchase money, payable on a day certain if the title to the land be perfected to the satisfaction of the vendee, otherwise not to be paid until title be so perfected, becomes due when the vendor has conveyed to the vendee a complete and perfect title to the land, or has become able to do so, and has advised the vendee of the fact. • '</p> <p>2. The vendee in such contract cannot be put in default until advised of such deed, or of the character of conveyance by which it is proposed to complete the title to the land.</p> <p>3. Pleading.—A petition upon such an obligation would be imperfect unless it contained a distinct averment that the title to the land was perfect.</p> <p>4. Practice—Amendment—Costs.—An amendment setting up facts perfecting title subsequent to the institution of suit must be treated as a new suit, the costs up to such amendment to be taxed against plaintiff.</p> <p>5. Administration of community property.—To enable the surviving husband to have exclusive control of community property after the death of the wife, it is necessary that an appraisement be filed, as well as an inventory and bond.</p> <p>6. Homestead.—The surviving husband on a second marriage cannot convey the property which was community property in the first marriage, and which, after the second marriage, was the homestead, without the consent of the second wife.</p> <p>7. Specific performance.—That both parties were ignorant of want of title in a material part of land sold, will not entitle the vendor to enforce payment, if evidence shows that such vendor is insolvent when seeking to enforce such payment..</p>