Baker v. Coe
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Suit by Arthur Swift (appellant’s intestate) against Elizabeth Coe and others to recover a quarter of a league of land, commenced Sept. 17th, 1853. The land was originally granted to William A. Sowell, who was a son of John and Rebecca Sowell. William A. Sowell died about July, 1834, at Gonzales, leaving him surviving, an infant daughter Rachel.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Suit by Arthur Swift (appellant’s intestate) against Elizabeth Coe and others to recover a quarter of a league of land, commenced Sept. 17th, 1853. The land was originally granted to William A. Sowell, who was a son of John and Rebecca Sowell. William A. Sowell died about July, 1834, at Gonzales, leaving him surviving, an infant daughter Rachel. The plaintiff claimed the whole quarter of a league by conveyance from said heir of William A. Sowell. The defendants claimed by conveyances from the widow and heirs, (except the said…
1Opinion of the CourtWheeler, J.
The question upon this appeal is, whether the curator’s sale and deed, of the 15th of November, 1834, was rightly held by the Court valid and effectual to pass and vest title in the purchaser. And we are of opinion that it was. It was executed before the Judge, and it therefore evidences his authorization and approval of the sale. It is to be deemed in the nature, in so far, of a judicial act, and affords grima facie evidence, at least, of the truth of the facts it recites. It affords all the proof that ought, at this day, to be required of the legality of the sale. Upon a similar question,…
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