Neill v. Cody
Texas Supreme Court
Appeal from Guadalupe. Tried Below before the Hon. A. W, Terrell. This action was Brought by the appellee, Catherine Cody, as the heir at law of Michael Cody, deceased, against the defendants, Neill and several others, for the recovery of two tracts of land in Guadalupe county. The defendants in- their answers pleaded a general denial and the limitations of three and five years, and suggested valuable improvements in good faith under possession for more than twelve months.
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Appeal from Guadalupe. Tried Below before the Hon. A. W, Terrell. This action was Brought by the appellee, Catherine Cody, as the heir at law of Michael Cody, deceased, against the defendants, Neill and several others, for the recovery of two tracts of land in Guadalupe county. The defendants in- their answers pleaded a general denial and the limitations of three and five years, and suggested valuable improvements in good faith under possession for more than twelve months. The appellant, Neill, was the principal defendant, under or from whom his co-defendants derived their claims and…
1Opinion of the Court
Wheeler, O. J.
We are of opinion that there is no error in the judgment.
The court rightly instructed the jury that the record of the proceedings of the Probate Court of Austin county, read in evidence, did not show title in the appellant. The record in question showed -only the petition of the administrator, the order of the court thereupon for a sale, and the report of sale by the administrator. There does not appear to have been any approval or confirmation of the sale, as the statute required. (O. & W.. Dig., Repealed Laws, art. 194.) There is no evidence that the sale Was completed by a…
2Cited by15 opinions
- Clements v. Texas Co.Court of Appeals of Texas · 1925
- Baumgarten v. FrostTexas Supreme Court · 1945
- Robertson v. JohnsonTexas Supreme Court · 1882
- Price v. Tomrich CorporationSupreme Court of North Carolina · 1969
- Simmons v. BlanchardTexas Supreme Court · 1876
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