Rudd v. Johnson

Citations

• 60 Tex. 91
• 1883 Tex. LEXIS 270

Syllabus

<p>1. Community estate — Action by heirs to recover.— Though the administrator of a deceased husband’s estate has authority to maintain a suit to recover land for purposes of administration belonging to the community, without joining therein the heirs either of the deceased husband or wife, still a judgment against him in such a suit would constitute no bar to a suit by the heirs of the mother for her community interest.</p> <p>2. Case followed.— Hodge v. Donald, 55 Tex., 344; and lull, that when a colonist in Peters’ colony settled upon land in 1848, which was appropriated afterwards by a certificate issued to him in 1850 as the head of a family, his wife having died in 1849, the land belonged to the community estate of the husband and wife.</p>