Robertson v. Johnson
Texas Supreme Court
Appeal from the District Court of Lamar county. — November 8, 1870, this suit was instituted by appellees as beirs of W. H. Merrill and wife (both deceased), to recover the 320 acres of land in Lamar county, described in the petition, from appellants.
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Appeal from the District Court of Lamar county. — November 8, 1870, this suit was instituted by appellees as beirs of W. H. Merrill and wife (both deceased), to recover the 320 acres of land in Lamar county, described in the petition, from appellants. Appellees claim that they are the only surviving heirs of Merrill and wife, and, as such,the owners of the land in controversy; that there was a pretended sale of the land made by their guardian, P. J. Y. Horton, in 1860, under a pretended order of the Probate Court of Hunt county; that Prank Miles pretended to purchase the land at such sale,…
1Opinion of the CourtWatts, J.
Opinion by Appellants claim title to the land in controversy through a guardian’s sale, and the appellees assert that the order of sale is void, because no description of the land is given in the same. This objection to the right of appellants to recover cannot be maintained, either upon the authorities or from the record.
The provision of the statute then in force, requiring the order of sale to describe the property, like that requiring the administrator to make an application for the sale, accompanied by an estimate of the expenses of administration, and a list of claims against the estate,…
2Cases cited5 opinions
- Alexander v. MaverickTexas Supreme Court · 1856
- Davis v. TouchstoneTexas Supreme Court · 1876
- Neill v. CodyTexas Supreme Court · 1862
- Miller v. StateTexas Supreme Court · 1874
- Roberts v. SchultzTexas Supreme Court · 1876