Boney v. Harris

PEDEN, Justice.

Elbert Harris, as administrator of the estate of Grace V. Gale with will annexed, was granted a summary judgment in his suit to remove a cloud from the title of certain property that appellant S. M. Boney had sold to the decedent. The trial court found that appellant Boney had filed a claim against the estate, that it was rejected by the administrator, and that Boney’s failure to file suit within 90 days thereafter, pursuant to § 313 of the Texas Probate Code, barred the claim. Appellant alleges error in the court’s 1) presumed finding that the claim was properly authenticated,…