Erhart v. Bass
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. M. Lindsay. Suit by E. P. Erhart, appellant, in trespass to try title. The plaintiff claimed the land under a sale made by the administrator of the estate of Nicholas Boyles, deceased. The petition of the administrator was for an order to sell at private sale. The order was granted to sell at private of public sale. The report of sale was silent as to whether it was made privately or publicly.
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Appeal from Grayson. Tried below before the Hon. M. Lindsay. Suit by E. P. Erhart, appellant, in trespass to try title. The plaintiff claimed the land under a sale made by the administrator of the estate of Nicholas Boyles, deceased. The petition of the administrator was for an order to sell at private sale. The order was granted to sell at private of public sale. The report of sale was silent as to whether it was made privately or publicly. The court simply approved the account of the administrator, in the following order, viz.: “Now comes J. B. Erhart, administrator of Nicholas Boyles,…
1Opinion of the Court
Gould, Associate Justice.
In our opinion, the transcript of the probate proceedings of the county court of Wise county showed a valid administration on the estate of Boyles, an order of sale of the land in controversy under which there might have been a valid public sale; a return of sale, from which it does not appear, nor was it made to appear by evidence, that the sale was otherwise than at public outcry, as prescribed by law, and an order *99which amounted to a confirmation of that sale. The evidence further shows that the purchase money was paid, and though the purchasers secured no deed…
2Cited by2 opinions
- Whitaker v. ThayerCourt of Appeals of Texas · 1905
- Irwin v. TollettCourt of Appeals of Texas · 1954