Lynch and Another v. Baxter and Wife Adm'x.
Texas Supreme Court
Appeal from Washington county. The appellees sued the appellants on a note of hand, dated October 5, 1841, due twelve months after its date, payable to Walker C. Cooper, administrator of James Hensley, deceased.
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Appeal from Washington county. The appellees sued the appellants on a note of hand, dated October 5, 1841, due twelve months after its date, payable to Walker C. Cooper, administrator of James Hensley, deceased. The petition alleged that the said note, was given for tho purchase-money of a tract of land sold by the said Cooper, as administrator of the said Hensley, deceased, at an administration sale, as the property of the succession of the said Hensley, deceased, on the said nth day of October, 1S41, and that the said Lynch then became the purchaser thereof. The death of Cooper, the first…
1Opinion of the CourtLipscomb, J.
The first and second objections taken by the appellant to the judgment, of the court below may he considered together. The sale of the hind was a judicial sale, and operated -in i-eiii. In such cases it is a general rule that on-cat oiiptor applies, and t-lie purchaser takes his purchase without warranty express or implied; and if the. administrator, in.executing the. order of the court, gives the purchaser a bond for a warranty title, it is not in his character as administrator, and he cannot bind the estate of bis intestate by such a covenant. As a personal undertaking bctwe.cn him and the…
2Cited by22 opinions
- Timmins v. Bonner & LongTexas Supreme Court · 1883
- Wadsworth v. ChickTexas Supreme Court · 1881
- In Re Guardianship of JacksonSupreme Court of Oklahoma · 1921
- Simmons v. BlanchardTexas Supreme Court · 1876
- Saunders v. StultsSupreme Court of Iowa · 1920
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