Wyche v. Clapp

Citations

• 43 Tex. 543

Syllabus

<p>1. Irregularities.—The failure to name the plaintiffs in a judgment, or a slight discrepancy between the verdict and judgment rendered, cannot be taken advantage of when such judgment is offered as a muniment of title to support a sheriff’s deed made under it.</p> <p>2. Wills—Joint or mutual wills.—Such wills can be made by husband and wife, but the probate of the will by the widow surviving does not bind her or her community interest in the property for the payment of the legacies in the will.</p> <p>3. Same—Legacies.—A deed for community property to satisfy such legacies by the widow must, as to the extent of her interest, be considered voluntary and without consideration.</p> <p>4. Partition.—The mere failure of the court to provide for partition among defendants of property adjudged them, where such partition is not asked, is not grounds for reversal.</p>