Woodley v. Adams

Citations

• 55 Tex. 526
• 1881 Tex. LEXIS 149

Syllabus

<p>1. Judgment.—A judgment was rendered in 1800 for a community debt against a surviving wife in her representative capacity, whose husband, dying in 1859, had by will appointed her his executrix, with a provision that no other action should be had in the county court concerning his estate than the probate and registration of his will and the return of inventory of the estate. That judgment was affirmed on appeal by the supreme court. Those entitled to the estate were never cited to give bond under the provisions of the act of 1848 (Hart. Dig., 1219), nor was a bond executed. Under that judgment execution was levied on community property, which was sold to satisfy it. In a suit by the heir against one claiming under the purchaser at that sale, held,</p> <p>(1) The judgment was valid and binding in so far as it affected the property in controversy, and the heir was bound thereby.</p> <p>(2) Her designation as executrix in the proceedings on which judgment was obtained was immaterial, since the pleadings disclosed that the suit'was against her in her representative capacity, and that such capacity was that of survivor.</p> <p>(3) The judgment being valid when rendered, the subsequent marriage of the widow would not have the effect of rendering the sale of the property made after her marriage, void, so as to subject it to attack in a collateral proceeding</p>