Long v. Walker

Citations

• 47 Tex. 173

Syllabus

<p>In 1858 L sold to D, lots, which were the community property of L and his wife, who was then living. D paid part of the purchase-money, and received a bond for title, to be made when the rest was paid. After tiie death of L’s wife, D, who had gone into possession, sold to W, to whom he assigned the bond for title. AY gave Ills note to L for the amount of purchase-money unpaid, and D’s note was delivered up and canceled. Afterwards, in 1863, AY paid the purchase-money note in Confederate treasury notes, to L, who, a few days before, had deposited in the county clerk’s office an unsigned inventory and appraisement of community property, which was approved and recorded. In a suit by the heirs of L’s wife against AAr, to recover half the property, or its equivalent, as their interest in the estate of their mother: Held—</p> <p>1. AYliilc the inventory and appraisement may not have been full, yet from the facts above stated, in connection with the fact that it was indorsed as having been sworn to, by the cleric, and was indorsed, “approved and ordered to be recorded” by the Chief Justice, it may be inferred, that it was returned into court by L, as an inventory and appraisement of the community property, and that it was recognized by the Chief Justice as done by him in compliance with the statute. (Paschal’s Dig., art 4648.)</p> <p>2. Even if L had not filed an inventory and appraisement, still, having sold the lots in the lifetime of his wife, and given a bond for title, and having received part of the purchase-money, and a note for the balance, he had the right after the deatli of his wife to execute a deed in pursuance of his obligation in the bond, and receive the payment of the note executed to him for the rest of the purchase-money.</p> <p>3. The note being payable to L, he could have collected it by a suit at law, and had the land sold in discharge of it.</p> <p>4. There is nothing in our laws which requires a debtor, under such circumstances, to suffer himself