Short v. Ramsey
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. James H. Bell. Suit by appellant against appellee for the sum of $264, being the difference between the price at which a tract of three hundred acres of land was bid off by the defendant at administrator’s sale by plaintiff, and the amount for which it was afterwards sold, and five' per cent, on the amount of the defendant’s bid. The land was the headright of G. Guinn.
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Appeal from Fayette. Tried below before the Hon. James H. Bell. Suit by appellant against appellee for the sum of $264, being the difference between the price at which a tract of three hundred acres of land was bid off by the defendant at administrator’s sale by plaintiff, and the amount for which it was afterwards sold, and five' per cent, on the amount of the defendant’s bid. The land was the headright of G. Guinn. The first sale was on the 2nd day of January, 1855, and the land was bid off by defendant at one dollar per acre. The sale was approved at January Term of the Probate . Court.…
1Opinion of the CourtWheeler, J.
The only question which it is material to consider is, whether the Court erred in the charge, to the effect, that the neglect of the administrator to re-advertise and sell the property, from January, 1845, when the first sale was ap. proved by the Probate Court, and the defendant was in default in not complying with the terms of the sale, until the October following, released the defendant from his liability to the estate for the deficiency in the price for which the last sale was effected, below the sum bid by him upon the first sale.
We are of opinion that there is no error in the charge. By…
2Cited by3 opinions
- Henry S. Sypert v. McCowen’s Executors Et Al.Texas Supreme Court · 1866
- Goodman v. SchwindCourt of Appeals of Texas · 1916
- Ex Parte Martinez, Jr.Court of Criminal Appeals of Texas · 1912