Barnes v. Hardeman
Texas Supreme Court
Appeal from Caldwell. Suit by the appellants against the appellees to recover a tract of land. Answer setting up title in the defendants by purchase under an order of the Probate Court, obtained for the sale of said land, by the guardian of the plaintiffs. Replication that the order of sale was void, for want of jurisdiction in the Court, for want of service of citation on the plaintiffs, and for fraud on the part of the guardian and the purchaser at the sale.
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Appeal from Caldwell. Suit by the appellants against the appellees to recover a tract of land. Answer setting up title in the defendants by purchase under an order of the Probate Court, obtained for the sale of said land, by the guardian of the plaintiffs. Replication that the order of sale was void, for want of jurisdiction in the Court, for want of service of citation on the plaintiffs, and for fraud on the part of the guardian and the purchaser at the sale. It'appeared that C. S. Brown, then guardian of the present plaintiffs, applied for an order of the Probate Court at May Term, 1848,…
1Opinion of the CourtWheeler, J.
It is objected to the judgment, that the Probate Court had not power, under the Act of 1846, to order the sale by a guardian of his wards’ property; and that its proceedings respecting the sale of the land in question, were coram non jndiee and void.
This position is not tenable. The Act of 1846 treats' in express terms of the powers and duties of executors, administrators and guardians. (Hart. Dig. Art. 1084, 1085, et seq) And in so far as its provisions are applicable to the office of guardian, they relate as well to guardians as to executors and administrators. This evidently appears by the…
2Cited by3 opinions
- Conley v. Daughters of the RepublicTexas Supreme Court · 1913
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- Brown v. ShamburgerCourt of Appeals of Texas · 1937