Moore v. Owsley

Citations

• 37 Tex. 603

Syllabus

<p>1. See this case for facts held insufficient to establish a dedication of a homestead.</p> <p>2. When the terms of a public sale are specific or restricted, the crier is not bound to notice a bid which is coupled with different terms or conditions.</p> <p>3. At an administrator’s sale for cash, a creditor offered a bid, explaining that he would pay in cash the overplus above the amount of his demand against the estate. The administrator took no notice of the bid, but struck off the property to a bidder for a much less sum. The court below instructed the jury, that if the creditor bid at all his bid was absolute and could be enforced ; and that the administrator was bound to cry the bid. Held, that this instruction was erroneous.</p> <p>4. On the death of a widower, leaving minor children, they are entitled not only to the homestead, but also to the other property exempt from forced sale, or to an allowance in lieu thereof, when the estate has not the property in kind.</p>