Duncan v. Veal
Texas Supreme Court
Appeal from Burleson. Tried below before the Hon. B. H. Davis, special district judge selected by the parties. September 16, 1874, W. G. Veal brought, in the ordinary form, his suit of trespass to try title, against W. B. Newcomb, James Reynolds, W. H. Calvin and appellants, the heirs of Thomas K. Pierson, to try the title to about 860 acres of land, situated in Burleson county.
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Appeal from Burleson. Tried below before the Hon. B. H. Davis, special district judge selected by the parties. September 16, 1874, W. G. Veal brought, in the ordinary form, his suit of trespass to try title, against W. B. Newcomb, James Reynolds, W. H. Calvin and appellants, the heirs of Thomas K. Pierson, to try the title to about 860 acres of land, situated in Burleson county. On April 17, 1875, appellants, the heirs of Thomas K. Pierson, filed their answer, consisting of a general demurrer, plea of not guilty, and general denial. . March 8,1878, a trial of the case was had. Veal dismissed…
1Opinion of the Court
Moore, Associate Justice.
The transcript in this case exhibits several errors, for which this judgment must be reversed.
In the absence of an averment and proof of some special necessity for the grant of letters of administration upon the estate of Thomas K. Pierson, it must be presumed that there was no occasion for it at the date of De Cordova’s application for the appointment of administrator of his estate. Without clear proof to the contrary, it should be presumed that there were no debts due by or to said intestate, or necessity for an administration upon his estate after the lapse of so…
2Cases cited1 opinion
- Marks v. HillTexas Supreme Court · 1876
3Cited by12 opinions
- Stone Land & Cattle Co. v. BoonTexas Supreme Court · 1889
- McCamant v. RobertsTexas Supreme Court · 1891
- Brockenborough v. MeltonTexas Supreme Court · 1881
- Chinn v. TaylorTexas Supreme Court · 1885
- Templeton v. Falls Land & Cattle Co.Texas Supreme Court · 1890
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