Sevier v. Teal

Hemphill, Ch. J.

The question in this case is, Was there error in sustaining the plea in abatement?

This depends on the force of the letters of administration, to the defendant Teal; for, if valid, there was no error in sustaining the plea, and declaring the letters of administration, to the plaintiff Sevier—being subsequent in point of time—to be void.

The first and principal objection to Teal’s letters, is, that although purporting to be issued in Refugio county, and by the Probate Court thereof, yet they were not in fact issued at the court house, at the Mission of Refugio, but at Carlos’…