Smith v. Paschal

We refer to the opinion of the Court of Civil Appeals (Paschal v. Hobby, 296 S. W. 336), for complete statement of the case. It is sufficient here to say that the matter presented must turn upon asserted nullity in the probate order purportedly authorizing and requiring the administrator, in final settlement, to deliver the remains of the estate to the county clerk. That delivery was made, the property was lost to those entitled to receive it finally, and the order (with compliance by the administrator) was held (by the Court of Civil Appeals) to be a complete defense available to the…