Warhmund v. Merritt & Metcalf
Texas Supreme Court
Appeal from Tom Green. Tried below before the Hon. Allen Blacker. This case originated in the county court of Tom Green county, and was an application, filed November 1, 1879, by appellants, to require the appellee, Merritt, as administrator of the estate of F. G. Taylor, deceased, to sell certain real estate, and apply the proceeds to the payment of approved claims against the estate, owned by appellants.
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Appeal from Tom Green. Tried below before the Hon. Allen Blacker. This case originated in the county court of Tom Green county, and was an application, filed November 1, 1879, by appellants, to require the appellee, Merritt, as administrator of the estate of F. G. Taylor, deceased, to sell certain real estate, and apply the proceeds to the payment of approved claims against the estate, owned by appellants. During the progress of the proceedings in the probate court, Fanny Metcalf, a minor, by her next friend, Charles Metcalf, intervened in the case and became a party to it, resisting the…
1Opinion of the Court
Willie, Chief Justice.
It appears from the proof in this cause that the two hundred acres claimed as a homestead by the appellee, Fannie Metcalf, was part of a tract of six hundred and forty acres purchased by Taylor from James, the administrator of F. P. Sawyer, deceased. At what precise date this purchase was made is not shown, but it was confirmed by the proper county court on the 29th of May, 1878. The deed to Taylor was not made until the 22d of October thereafter; and contemporaneously with the making of this deed Taylor executed to William Wahrmund a deed of trust upon the same six…
2Cases cited4 opinions
- Hicks v. MorrisTexas Supreme Court · 1882
- Dillon v. Kauffman & RungeTexas Supreme Court · 1883
- Danzey v. SwinneyTexas Supreme Court · 1852
- Wright v. Heffner's ExecutorsTexas Supreme Court · 1882
3Cited by16 opinions
- Cleveland v. MilnerTexas Commission of Appeals · 1943
- Lippencott v. YorkTexas Supreme Court · 1893
- Cleveland v. MilnerTexas Supreme Court · 1943
- Birdwell v. BurlesonCourt of Appeals of Texas · 1902
- International & G. N. Ry. Co. v. Concrete Inv. Co.Court of Appeals of Texas · 1917
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