Stone v. Ellis

Citations

• 69 Tex. 325
• 7 S.W. 349
• 1887 Tex. LEXIS 826

Syllabus

<p>1. Locative Interest — Land Certificate. — The surviving -wife has no authority, as such, to make a contract for the location of a land certificate* the community property of herself and of her deceased husband, whereby a portion of the land secured by the certificate is given to the locator, that will bind the interest inherited by the children of the deceased husband.</p> <p>S. Ratification. — If one whose community interest in land inherited from a deceased father, has been in part illegally bartered away by the mother, who also owned a half interest, shall, upon reaching his majority, sell by metes and bounds less than his half interest, and adopt a divisional line formerly established as a partition by the mother, dividing the land in half, he thereby ratifies the partition line, but his sale of the exact quantity that would have been left him had the sale by his mother been valid, will not estop him from asserting right to the residue to which he was of right entitled.</p>