Richey v. Hare

Citations

• 41 Tex. 336

Syllabus

<p>l. Homestead—When community not subject to forced sale TO SATISFY DEBTS ON DIVORCE OF the owners.—Judgment was rendered divorcing A from his wife, B, and directing the sale by a commissioner of the land described as a homestead and as community property, and directing the partition of the proceeds between A and B. Another judgment was rendered on the same day by the same court in favor of D and against A, on a community debt owing by A, and the land described in the divorce judgment as a homestead was levied on and sold under execution by the judgment creditor, on the same day that the same land was sold by the commissioner. In a controversy between the purchasers at the two sales which involved the title, it was held, that being community property, if not a homestead, the land was liable to payment of community debts contracted before the institution of the suit for divorce.</p> <p>2. If the property was a homestead, it was not subject to forced sale, and a creditor could have no ground to complain that the court decreed the sale and distribution between the parties entitled to it.</p> <p>3. It was error to exclude evidence offered by the purchaser at execution sale to show that the land was not a homestead.</p>