Wilson v. Helms

Citations

• 59 Tex. 680
• 1883 Tex. LEXIS 248

Syllabus

<p>1. Advancements — Community property.— Advancements made from the community estate to the children of the marriage during the life-time of the parents, create no liab lity on the part of such children to account therefor to the father out of their interests inherited from the mother. If they receive from the father of the community estate (otherwise than by purchase), after the death of the mother, they must account therefor on partition.</p> <p>2. Community property.— The community property in its descent to the heirs is chargeable with the payment of community debts. A purchaser thereof from the survivor of the parents is protected when it is sold to reimburse him or her for separate means used in discharging a community debt; following Burleson v. Burleson, 28 Tex., 383; Johnson v. Harrison, 48 Tex., 257, and other cases.</p> <p>3. Partition.— Though the heirs inherit from a deceased parent an undivided interest in all community property, yet the purchaser of an entire tract of land from the surviving parent may be protected against the claim of the heir, though the sale be irregular, if, in the partition of the entire estate, other property of equal value can be set aside to such heir.</p> <p>4. Sale of community.— The title of a purchaser of community property from the father, acquired by sale after the death of the mother, cannot be questioned by an heir for whose debt the community estate was liable through the father as surety of such heir, and which debt the purchase money received was applied to liquidate.</p>