Danzey v. Swinney
Texas Supreme Court
Appeal iron) Liberty. This was an'application to the court of probate of Liberty county, praying for the sale of a tract of land, to satisfy a claim secured, by mortgage and held by plaintiiV (who is appellee in tilia court) against the, succession of the deceased intestate.
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Appeal iron) Liberty. This was an'application to the court of probate of Liberty county, praying for the sale of a tract of land, to satisfy a claim secured, by mortgage and held by plaintiiV (who is appellee in tilia court) against the, succession of the deceased intestate. The claim consisted of three notes of hand, duo respectively on the 7th September, 1845, 184G, and 1847. The notes, were given iu 1844. On the decease of the maker the appellant look out letters of administration, and the notes being presented were acknowledged by him, in his official eapaciry as administrator, on t.be…
1Opinion of the Court
Hemphill, Ch. J.
In relation to the first alleged error, viz, in overruling the demurrer of defendant, it will be remembered that Cite exception was first taken in the Probate Court,; and it may be regarded as a general rule that the certainty required
in pleadings in the District Court is not to he exacted in the probate and other courts of inferior jurisdiction. Such strictness would seriously embarrass the course of adjudication in such courts. Their province is to dispense justice on the facts of the ease as adduced in evidence, regardless of the technical and artificial niceties of special…
2Cited by9 opinions
- Miers v. BettertonCourt of Appeals of Texas · 1898
- Robinson v. StuartTexas Supreme Court · 1889
- Warhmund v. Merritt & MetcalfTexas Supreme Court · 1883
- Butler v. FechnerCourt of Appeals of Texas · 1918
- Bell v. BowlesCourt of Appeals of Texas · 1923
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