Herndon v. Heirs of Kuykendall
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Hasterson. This case rivals that of Jarndyce v. Jarndyce, at least in its duration.
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Appeal from Harris. Tried below before the Hon. James Hasterson. This case rivals that of Jarndyce v. Jarndyce, at least in its duration. Its purpose was to cancel a fraudulent sale made in 1850, under proceedings in probate begun in 1848, which were removed by certiorari to the district court in October, 1857; there the case lingered until August, 1873, when, on no other evidence than such as an inspection of the probate record afforded, a judgment was rendered declaring, fraudulent, the sale of a league of land. That judgment was brought up by writ of error to the supreme court in 1875. The…
1Opinion of the Court
Delany, J. Com. App.
Counsel for plaintiffs in error do not, in their brief, insist upon the fifth assignment of error, Avhich questions the right of the original plaintiff, John M. Kuykendall, to the writ of certiorari. The statute in force at that tune (Pasch. Dig., art. 480) provided that any person interested, who might desire to have the proceedings of the county courts pertaining to estates revised and corrected, might do so by application to the judge of the district court for the writ.
*348The position taken by counsel for the defendants below was, that the plaintiff, having sold the league…
2Cases cited5 opinions
- Alexander v. MaverickTexas Supreme Court · 1856
- Burdett v. Silsbee's Adm'rTexas Supreme Court · 1855
- Dancy v. StricklingeTexas Supreme Court · 1855
- Finch's heirs v. EdmonsonTexas Supreme Court · 1853
- Townsend v. MungerTexas Supreme Court · 1852
3Cited by2 opinions
- Royal Neighbors of America v. FletcherCourt of Appeals of Texas · 1921
- Gray v. Quicksilver Min. Co.U.S. Circuit Court for the District of Northern California · 1895