Simmons v. Arnim
Texas Supreme Court
Error to the Court of Civil Appeals for the Eighth District, in an appeal from Harris County. The action was trespass to try title, brought by Simmons and others against Arnim and others, who claimed the land by sale under execution against plaintiffs during their minority. Defendants prevailed, and on appeal by plaintiffs the judgment - was affirmed. 472 S. W., 184. They then obtained writ of error.
1Opinion of the CourtChief Justice Phillips
The question presented by the ease is whether as against a collateral attack there should be held as invalid an execution sale of the property of minors under a judgment for the fee allowed their guardian ad litem in a case where they were the successful parties, and a further judgment, rendered at a subsequent term of the court, allowing the guardian ad litem an additional fee; the minors having no permanent guardian, and there being no attempt to execute the judgments through the Probate Court.
The present suit is an action of trespass to try title brought by the minors after attaining their…
2Cases cited13 opinions
- Chace v. GreggTexas Supreme Court · 1895
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- Collins v. HinesTexas Supreme Court · 1907
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