Bryant v. Kelton
Texas Supreme Court
Appeal from Montgomery County. This was an appeal from a decree rendered by the district court of. Montgomery county. The appellant filed his petition in that court against Oliver P. Kelton, the present appellee, and Elisha Uzzell, the administrator of Robert Kelton, deceased.
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Appeal from Montgomery County. This was an appeal from a decree rendered by the district court of. Montgomery county. The appellant filed his petition in that court against Oliver P. Kelton, the present appellee, and Elisha Uzzell, the administrator of Robert Kelton, deceased. He alleged that the estate of Robert Kelton was largely indebted to him, which debt had been admitted by the administrator as a just and legal claim against the estate, and that the same had been approved and audited, by the judge of the probate court; that the said Robert Kelton had in his possession at the time of his…
1Opinion of the CourtLipscomb, J.
We will confine ourselves to the points made by the appellant in the argument. It appears that for the purpose of showing that Robert Kelton exercised acts of ownership over the property, after the sale, the register of the assessor of Texas, for the county of Montgomery, with the evidence of the collector that it was the one handed to him by the assessor, was offered in evidence by the plaintiff and rejected by the court. We do not think the court below erred in doing so. By the second section of the act of congress of 1837 (1 Laws Texas, 259), the assessor is required to take an inventory…
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