Wells v. Mills
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. Charles A. Frazer. This case originated in the Connty Court. The record showed that at the February Term, 1857, the appellants, as administrators of the estate of David R. Mitchell, deceased, filed their petition in the said court, praying for an order to sell lands of the estate, to make up the amount required for the payment of the demands against it.
Read the full summary
Appeal from Navarro. Tried below before the Hon. Charles A. Frazer. This case originated in the Connty Court. The record showed that at the February Term, 1857, the appellants, as administrators of the estate of David R. Mitchell, deceased, filed their petition in the said court, praying for an order to sell lands of the estate, to make up the amount required for the payment of the demands against it. The order made upon the application was as follows: “The application of said administrators, coming on to be “heard, it is ordered by the court, that said administrators proceed to advertise and…
1Opinion of the Court
Wheeler, Ch. J.
The statute appears to confide to the chief justice a discretion, in exercising the power of confirming sales of the property of estates. He is required “to inquire “into the manner in which such sale was made ; and if satisfied “it was fairly made, and in conformity with law,” he shall have entered an order confirming it. (Hart. Dig. Art. 1176.) Upon this provision, the court observed, in Davis v. Stewart, 4 Tex. Rep. 221, “It will be seen that much discretion is left to the “judge; if he should believe that the sale was not fair, or that “it was not made in conformity with…
2Cases cited2 opinions
- Lynch and Another v. Baxter and Wife Adm'x.Texas Supreme Court · 1849
- Yerby v. HillTexas Supreme Court · 1856
3Cited by5 opinions
- Davis v. TouchstoneTexas Supreme Court · 1876
- Goldstein v. SusholtzCourt of Appeals of Texas · 1907
- Hubermann v. EvansNebraska Supreme Court · 1896
- Harris v. CatlinTexas Supreme Court · 1873
- Corley v. AndersonCourt of Appeals of Texas · 1893