Watson v. Rainey

Citations

• 69 Tex. 319
• 6 S.W. 840
• 1887 Tex. LEXIS 824

Syllabus

<p>1. Homestead. — Under the law as it existed in 1863, title to land which was possessed and owned as a homestead vested absolutely in the widow of the deceased husband, he dying insolvent, freed from, all claim by his heirs, or liability to pay debts against his estate. It was not liable for any community debts contracted by the husband during his life.</p> <p>S. Homestead — Foboed Sale. — Even if by an agreement in partition between the surviving wife whose husband died in 1863, and his children, the main estate could be held bound to pay community debts under a judgment afterwards rendered against the surviving widow for a community debt, which was made the basis óf a subsequent judgment against her administrator, for payment in due course of administration as a charge upon all the community property remaining at the time of the husband’s death “as well as all the interest devised by him to her which may be subject to forced sale for the payment of debts,” the homestead of the wife would not be bound. Such judgment would constitute a complete bar to the right of such creditors and their privies to subject the homestead to forced sale. If the debt on which the judgment was rendered was one for which the wife was personally liable, a judgment might have been rendered against her administrator which would have subjected her termer homestead to sale, she having died leaving no constituent of the family.</p>