Mabry v. Harrison

Citations

• 44 Tex. 286

Syllabus

<p>1. Special issues should be submitted to the jury where different issues between various parties are to be determined by the verdict.</p> <p>2. Same.—The failure to submit an issue made by the pleadings cannot be insisted on as error, unless the testimony would have authorized a verdict on the issue in favor of the party complaining.</p> <p>3. Same.—The refusal to submit special issues which have already been given in the general charge is not error.</p> <p>4. Community property.—The husband has the right to convey and incumber all real estate of the community which is not the homestead nor has been destinated as the homestead.</p> <p>5. Homestead rights cannot defeat older express liens.—No subsequent destination or occupation of premises which have been incumbered by the husband prior to such destination, can give to the mortgagor or his family such a homestead in the specific property incumbered as would defeat such incumbrance.</p> <p>6. Allowance to widow and family.—Such allowance in lieu of homestead, &c., should be made out of the entire estate; it cannot be insisted on as attaching wholly to property occupied as a homestead as against those holding valid incumbrances.</p> <p>7. Express lien on rents may be enforced on the rents after the death of the party creating such lien.</p> <p>8. Receiver's accounts.—It is proper that a receiver be allowed to settle his accounts with the court whose officer he is; an order directing him to turn over property to another does not relieve him from the control of the court to compel such settlement.</p>