Woodward v. Suggett

Citations

• 59 Tex. 619
• 1883 Tex. LEXIS 238

Syllabus

<p>1. Innocent purchaser — Community property.— Land conveyed by deed to the surviving husband after his wife’s death, was sold by him, and against his vendee the heirs of bis deceased wife asserted title in right of a community interest claimed to have been inherited from their mother. The date of the deed to the surviving husband bad been erased and a date written in lieu thereof. Held,</p> <p>(1) The purchaser from the surviving husband having paid value for the land, was not charged with notice that his vendor asserted by parol his right to the land before the death of his wife, no notice of such assertion of claim being brought home to the purchaser.</p> <p>(2) The payment of taxes on the land by the vendor before his wife’s death did not charge the purchaser with notice of the community character of the title, in the absence of notice brought home to him of that fact.</p> <p>(3) The title was not affected by suspicion on account of an erasure in the date of the deed to the surviving husband, when it was shown that the date, as it appeared last written in the deed, was the real date of its execution.</p> <p>(4) There being nothing to put a purchaser for value on notice of the existence of a community interest of the deceased wife in the land purchased, and the title appearing from the record of deeds for the county to have vested in the surviving husband, the title passed by his deed to his vendee for value.</p>