Calloway v. Nichols
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. Hardin Hart. This is an action of trespass to try title to 160 acres of land in Tarrant county. G-. W. Nichols et al., who were plaintiffs in the court below, claimed as the children and heirs at law of Gyrene Cockrell, the patentee. H. Calloway et al., who were defendants below, claimed as vendees of Nichols et al., when minors, at a guardian’s sale of their property, for a full consideration paid the guardian.
Read the full summary
Appeal from Tarrant. Tried below before the Hon. Hardin Hart. This is an action of trespass to try title to 160 acres of land in Tarrant county. G-. W. Nichols et al., who were plaintiffs in the court below, claimed as the children and heirs at law of Gyrene Cockrell, the patentee. H. Calloway et al., who were defendants below, claimed as vendees of Nichols et al., when minors, at a guardian’s sale of their property, for a full consideration paid the guardian. The order for confirmation of sale seems to have been entered upon “the docket” kept by the judge and lfis predecessors, but never…
1Opinion of the Court
Moore, Associate Justice.
The court did not err in overruling appellants’ motion in the court below to enter, nunc pro tunc, the judgment, which seems to be clearly and satisfactorily shown to have been rendered by the Probate Court, confirming the sale of the land in controversy, which had been made by the administrator, in obedience to the order of said court. And, although it is also beyond dispute that, the deed of the administrator to the purchaser cannot be regarded as a complete and perfect legal title unless it was made by the administrator in obedience to an order of court, properly…
2Cited by5 opinions
- Teague v. SwaseyCourt of Appeals of Texas · 1907
- West v. KeetonCourt of Appeals of Texas · 1897
- Butler v. StephensTexas Supreme Court · 1890
- Rye v. J. M. Guffey Petroleum Co.Court of Appeals of Texas · 1906
- Nettles v. StateCourt of Appeals of Texas · 1878