Wright v. McGinty

Citations

• 37 Tex. 733

Syllabus

<p>1. During the existence of a connubial partnership, an augmentation certificate was obtained under Article 4149 of Paschal's Digest, and was located, and the field-notes of the location returned to the General Land Office ; but the wife died previous to the issuance of the patent. Held, that the wife took an estate of inheritance in the land, notwithstanding the patent did not issue until after her death.</p> <p>3. The survivor of a connubial partnership can sell his or her undivided interest in the community property, but, there being children, cannot sell the interest of the deceased partner, except to pay the community debts ; and the existence of such debts will not be presumed.</p> <p>3. A tenant in common cannot sell any portion of the estate by metes and bounds.</p>