Pucket v. Johnson

Citations

• 45 Tex. 550

Syllabus

<p>1. Suits against community property — Parties.—While an estate is in course oí administration in the ordinary way, or by the survivor of the community, when it is not shown that the assets have descended or come to the possession of the heirs, they are not proper parties to an action against the community estate.</p> <p>2. Suits against minors. — It is irregular to proceed in an action against minors without making their guardians parties, if they have any, and if not, without the appointment of a special guardian.</p> <p>3. Administration of community property by the survivor— Marriage. — By the marriage of the surviving widow, her control over the community property ceases, and a judgment against her in a suit brought before, but rendered after, her marriage, gives no authority for execution against the property in her hands subject to administration.</p>