Legal Opinion

Wygal v. Myers

Texas Supreme Court

Decided March 25, 1890No. 2885PublishedCited by 9 opinions

Appeal from Wharton. Tried below before Hon. W. H. Burkhart. In August, 1873, F. Gr. Franks qualified as guardian of the estates of appellees, who were minors, and he gave to Hamilton, Claton, and Ahldag sureties on his guardian bond, to secure them against loss as such, a mortgage on the 1107 acres land involved in this controversy.

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Appeal from Wharton. Tried below before Hon. W. H. Burkhart. In August, 1873, F. Gr. Franks qualified as guardian of the estates of appellees, who were minors, and he gave to Hamilton, Claton, and Ahldag sureties on his guardian bond, to secure them against loss as such, a mortgage on the 1107 acres land involved in this controversy. On June 11, 1874, Franks died, and on the 22d of said month Jackson Bust applied for letters of administration upon his estate, which in due course were granted to him, and he qualified on the 3rd day of August, 1874, and acted in that capacity until March, 1887,…

1Opinion of the Court

COLLARD, Judge.

Appellants contend that the court erred in holding that the judgment rendered in the District Court of Wharton County December 12,1874, in favor of Lucretia Johnson, the mother and next friend of the minors Scott, Posey, Forest, and Lilly Myers, against the estate of Jackson Rust, deceased, was.a vaild and subsisting claim against said estate in favor of claimants, the judgment being in favor of Lucretia-Johnson, by whom no rights under the judgment are claimed in this proceeding, she not being a party to this suit.

We deem it sufficient in response to this assignment of error…

2Cases cited4 opinions

  1. Brooke v. ClarkTexas Supreme Court · 1880
  2. Austin's Ex'ors v. Reynolds' Adm'rTexas Supreme Court · 1855
  3. Henderson v. VanhookTexas Supreme Court · 1859
  4. Carson v. MooreTexas Supreme Court · 1859

3Cited by9 opinions

  1. Gracia v. RC Cola-7-Up Bottling Co.Texas Supreme Court · 1984
  2. Byrd v. Woodruff, Texas Court of Appeals, 5th District (Dallas)1994
  3. Gregory v. WardTexas Supreme Court · 1929
  4. International & Great Northern Railway Co. v. SeinCourt of Appeals of Texas · 1895
  5. Travelers Ins. Co. v. CalcoteCourt of Appeals of Texas · 1947

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