Terrell v. McCown
Texas Supreme Court
Application for writ of error to Court of Civil Appeals for Fifth District, in an appeal from Hill County. The contention is clearly stated in the application for writ of error, extract from which is here given: The plaintiffs below claim title to the land as the heirs of Alexander MeCown, and the defendants below claim title under deeds from P. J. Willis, independent executor of the will of said MeCown.
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Application for writ of error to Court of Civil Appeals for Fifth District, in an appeal from Hill County. The contention is clearly stated in the application for writ of error, extract from which is here given: The plaintiffs below claim title to the land as the heirs of Alexander MeCown, and the defendants below claim title under deeds from P. J. Willis, independent executor of the will of said MeCown. The will grants an express power to sell land to pay debts in the following words: “I direct that my just debts be paid as soon as possi- ble, for which my executors shall have the power to…
1Opinion of the Court
GAINES, Chief Justice.
This is an application for a writ of error to reverse a judgment of the Court of Civil Appeals of the Fifth Supreme Judicial District, which reversed the judgment of the trial court and remanded the cause. In order to show jurisdiction in this court, it is alleged in the application that the opinion of the Court of Civil Appeals overrules the decision of this court in Cooper v. Horner, 62 Texas, 363. It is held by the Court of Civil Appeals in this case, that in order to sustain the validity of a sale of land by an executor under a will which empowers him to administer…
2Cases cited1 opinion
- Cooper v. HornerTexas Supreme Court · 1884
3Cited by1 opinion
- Gatlin v. StreetCourt of Appeals of Texas · 1905