Finch's heirs v. Edmonson
Texas Supreme Court
Error from Walker. The plaintiffs in error sued tbe defendants in error for the cancellation of certain deeds, and to quiet their title to one-third of a league of laud, the headlight of Matt. Finch, who died intestate in 1841, leaving tbe plaintiffs in error his heirs at law.
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Error from Walker. The plaintiffs in error sued tbe defendants in error for the cancellation of certain deeds, and to quiet their title to one-third of a league of laud, the headlight of Matt. Finch, who died intestate in 1841, leaving tbe plaintiffs in error his heirs at law. It was alleged that one Joseph Bennett was appointed administrator of his estate on 30th of November, 1846, by the Probate Court of Walker county, and on 29th March, 1847, returned an inventory of the property into court, and, among other property, returned •an undivided half of said third of a league, and at the same…
1Opinion of the CourtLipscomb, J.
In discussing the errors assigned, we propose first to inquire whether the court had jurisdiction; and, secondly, whether the petition shows sufficient equity to sustain the suit.
Outlie first branch of the proposed investigation we will inquire if the suit is such as is required to be prosecuted in the county where the land lies, under the last exception in the 1st section of the act of 13th May, 1846. (Hart. Dig., art. 667.) It must be recollected that the exception referred to is made to the general proposition embraced by the first section of the act, that no person shall be sued out of…
2Cited by15 opinions
- McCampbell v. DurstCourt of Appeals of Texas · 1897
- Giddings v. SteeleTexas Supreme Court · 1866
- Heath v. LayneTexas Supreme Court · 1884
- Lyne v. SanfordTexas Supreme Court · 1891
- Douglas v. StateCourt of Criminal Appeals of Texas · 1910
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