Wright v. Doherty

Citations

• 50 Tex. 34

Syllabus

<p>1. Community property—Homestead.—Under our statute, if the deceased spouse leave a child or children they take by inheritance the community half of the ancestor, subject to the community indebtedness. This applies to the homestead, subject to the use of the same, as such, by the survivor.</p> <p>2. Pleading—Hot guilty—Estoppel.—In an action of trespass to try title by heirs of their mother against vendees holding under deeds from the' father executed subsequent to the wife’s death, the defendant, under the plea of not guilty, may prove the equities, if any, against the plaintiffs by reason of their having received through their legal guardians the proceeds of land received by the father after the deatii of the mother in exchange for the land the community interest in which was sued for.</p> <p>3. Estoppel.—The lawful act of a legally-appointed guardian, performed in the proper discharge of his duties, will conclude the ward.</p> <p>4. Same.—But where such acts of a guardian, in disposing of lands obtained by the father in exchange for the lands sued for, are relied upon as an estoppel against the heirs, such sale must he shown to have been made and approved by order of the Probate Court.</p> <p>5. Recitals.—In a deed by a guardian, recitals of his official character are not evidence of his appointment as guardian.</p> <p>6. Pabol evidence.—Hor is parol evidence, that the maker of a deed acted as guardian of the parties for whom he acted in making such deed, admissible to sustain such deed against the right of the minors, in the absence of evidence of a confirmation of such sale by the Probate Court.</p>