Brenham

■ 1. The deed from Peter Davidson to his wife and his son, Peter A. Davidson, vested the estate in them in equal moieties as tenants in common in fee simple.

2. The price for which the property was sold to Hensley was $18,000, of which there was paid in cash to Peter Davidson as guardian, and to his wife, the sum of $11,633, and the remainder of the purchase-money was paid by the discharge by Hensley of a subsisting lien on the property for $2000, and the surrender of a promissory note for $4334 due to him from Peter Davidson. The court finds that at the time of the sale, the husband and wife agreed that these sums “should be applied to and constitute part of the consideration and purchase-price of said land.” It is clear the guardian had no authority to accept payment otherwise than in cash for the ward’s portion of the purchase-money. But the cash payment exceeded the ward’s portion of the whole amount agreed to be paid; and the wife, with the consent of her husband, having agreed that the discharge of the lien and the surrender of the note by Hensley should be-accepted as payment pro tanto, she will be held in a court of equity to have consented that these sums should be…