Legal Opinion

Bradley v. Love

Texas Supreme Court

Decided December 7, 1883No. Case No. 1365PublishedCited by 33 opinions

Appeal from Robertson. Tried below before the Hon. Spencer Ford. Love and others brought this suit against L. D. Bradley for an undivided half of two thousand three hundred and one acres of land, and for partition, alleging a common source of title in James Dunn; that James Dunn deeded the land to D. H. Love and Mary Love, his wife, on August 31, 1850, reciting in said deed a consideration of $1,000; that Dunn was the father of Mary Love; that no consideration in fact was…

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Appeal from Robertson. Tried below before the Hon. Spencer Ford. Love and others brought this suit against L. D. Bradley for an undivided half of two thousand three hundred and one acres of land, and for partition, alleging a common source of title in James Dunn; that James Dunn deeded the land to D. H. Love and Mary Love, his wife, on August 31, 1850, reciting in said deed a consideration of $1,000; that Dunn was the father of Mary Love; that no consideration in fact was paid to Dunn for the deed; that it was a deed of gift to D. H. and Mary Love; that plaintiffs were the heirs of Mary Love;…

1Opinion of the Court

Watts, J. Com. App.

In this state probate courts are courts of general jurisdiction in all matters relating to the administration of estates of deceased persons. And their judgments can only be attacked in a collateral proceeding when the record affirmatively shows that the court had no jurisdiction of the subject matter, or that its jurisdiction did not attach in the particular matter attempted to be adjudicated.

As was truly said in Murchison v. White, 54 Tex., 82, “If, however, from the record itself it should affirmatively appear, either that the court did not have jurisdiction of the…

2Cases cited2 opinions

  1. Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
  2. Grace v. Wade & MainsTexas Supreme Court · 1876

3Cited by33 opinions

  1. Cockrill v. CoxTexas Supreme Court · 1886
  2. Miers v. BettertonCourt of Appeals of Texas · 1898
  3. Groesbeck v. GroesbeckTexas Supreme Court · 1890
  4. Hickman v. StewartTexas Supreme Court · 1887
  5. Green v. CanonCourt of Appeals of Texas · 2000

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