Rice v. Burnet
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. Leroy W. Cooper. This suit was brought September 24, 1870, by Joseph Rice, Jr., as administrator of the estate of Joseph Rice, Sen., his father, against the appellees, on a note for $1275, executed March'3, 1868, for purchase money of two tracts of land sold at administrator’s sale.
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Appeal from Houston. Tried below before the Hon. Leroy W. Cooper. This suit was brought September 24, 1870, by Joseph Rice, Jr., as administrator of the estate of Joseph Rice, Sen., his father, against the appellees, on a note for $1275, executed March'3, 1868, for purchase money of two tracts of land sold at administrator’s sale. Defendants pleaded failure of consideration and alleged fraud on the part of the administrator in making thé sale; and on the trial it appeared that in 1852 the land in question was owned and occupied by Clinton A. Rice and his wife Jane Rice, as a homestead. In…
1Opinion of the CourtMcAdoo, J.
—This case presents a vigorous and spirited contest over the application to it of two well-established rules of law and equity, and which appear to be totally irreconcilable in the case.
The appellant urges the rule of caveat emptor against the appellee, who purchased at an administrator’s sale; while the.appellee urges the rule against the appellant that “fraud vitiates everything it touches,” even including sales by administrators.
Both of these rules are so well established that a reference to authorities is scarcely necessary. But how must the case stand when these two rules so present…
2Cases cited2 opinions
- Walton v. ReagerTexas Supreme Court · 1857
- Hamilton v. PleasantsTexas Supreme Court · 1869