Sanger Bros. v. Heirs of Moody

Citations

• 60 Tex. 96
• 1883 Tex. LEXIS 272

Syllabus

<p>1. Community property.— The principle again announced that the survivor of the marital relation has authority, without administration on the estate of the deceased spouse in any of the statutory modes, to sell community property to pay community debts which are a charge upon it; that the property thus sold is charged with the payment oí debts contracted during the marriage.</p> <p>3. Statute construed.— The act of 1856 did not withdraw such power of sale from the survivor, but was intended to enlarge, such power; following Lumpkin v. Murrell, 46 Tex., 58, and other cases cited.</p> <p>3. Cases reviewed.— Wenar v. Stenzel, 48 Tex., 490; Veramendi v. Hutchins, 48 Tex., 552, and Johnson v. Harrison, 48 Tex., 266, reviewed, and the conclusion announced that a sale made in good faith by the survivor of the community of the common property to pay community debts, was valid, and the purchaser would be protected.</p> <p>4. Same— Case reviewed.— Tillinghast v. Champlin, 4 R. I., 209-212, cited and reviewed, and the principle announced that the purchaser of community property under circumstances above stated is not bound in his own protection to see that the purchase money is applied to the payment of the community debts. It is essential, however, to the protection of the purchaser, that the consideration paid be not grossly inadequate, that there be no collusion or fraud to which he is a party, and that he have no knowledge of any intention to misapply the proceeds.</p>