Porter v. Chronister

Citations

• 58 Tex. 53
• 1882 Tex. LEXIS 206

Syllabus

<p>1. Community property.— The heirs of the wife of a colonist in Peters’ colony, who with her husband emigrated to the colony in 1845, and who died in 1849, were, by reason of her emigration and settlement, entitled to the community interest of their mother in land appropriated by a certificate to her husband as a colonist under the act of January 21, 1850. Such interest could be enforced against a purchaser of the certificate from the husband after the death of the wife, who procured a patent for the land to himself as such purchaser and assignee.</p> <p>2. Bankrupt sale.— A bankrupt sale of the interest of the father in the land would not aftect the rights of the heirs of the mother.</p> <p>3. Limitation.— The five'years’ limitation cannot be available to one who invokes it, unless the deed evidencing the claim under which he entered has been recorded; and it is not sufficient that some former deed in his chain of title has been so recorded.</p>