Mary A. Dakan v. C. B. Dakan

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that Mary A. Dakan was not put to an election under her husband's will, that Lots 34 and 36 are community property, and that the trial court lacked authority to impose an express lien and order sale of the property. The Court also ruled that homestead property cannot be subject to such a lien, though it retains equitable power to order a sale when necessary for partition.