Mitchell v. Mitchell

LUMPKIN, Justice.

On May 21, 1949, the appellee, Dewey Mitchell, filed in the County Court of Dallam County, Texas, an application to probate an instrument alleged to be the Last Will and Testament of R. T. Mitchell, deceased. The case was numbered 833 on the probate docket. Notice of the application, directed “To the Sheriff or any Constable of Dallam County,” was issued by the clerk and posted by the sheriff. The appellant, Josh Mitchell, filed a contest to appellee’s application. However, the will was admitted to probate; and on June 18, 1949, the appellant regularly perfected an appeal to…