McMahan v. Smith
Texas Supreme Court
Error from Harris. Tried before the Hon. Peter W. Gray. Suit by J. F. Rice against Ryan. Herndon and McMahan, commenced in Fort Bend, and removed, by change of venue, the Judge of the first district having been of counsel, to Harris.
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Error from Harris. Tried before the Hon. Peter W. Gray. Suit by J. F. Rice against Ryan. Herndon and McMahan, commenced in Fort Bend, and removed, by change of venue, the Judge of the first district having been of counsel, to Harris. The petition alleged that Sandford Rice was one of the Mier men ; that, at his death, the plaintiff was his only son and heir, and entitled as such to certificate of Public Debt, No. 828, Second Class, issued, &c. for $605, and that he had been deprived of said certificate and the money for which it calls, by the illegal and wrongful acts of the said defendants,…
1Opinion of the CourtWheeler, J.
It is unnecessary, in this case, to inquire, what are the rights of a purchaser at a sale by an administrator, acting under a grant of administration by a Court not having jurisdiction over the particular estate, but having a general jurisdiction to grant letters of administration. For, whatever may be the rights of a purchaser, bona fide, at a sale for the payment of debts, made in the due course of administration, under a grant void for the want of jurisdiction in the particular case, it is clear, beyond question, that a sale, under a grant of administration, obtained fraudulently and…
2Cited by8 opinions
- Frederick L. v. WillisTexas Supreme Court · 1882
- Lockett v. SchurenbergTexas Supreme Court · 1884
- Mussina v. GoldthwaiteTexas Supreme Court · 1871
- Winkler v. CreekmoreTexas Commission of Appeals · 1923
- Besso v. SouthworthTexas Supreme Court · 1888
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