Legal Opinion

Dunson v. Payne

Texas Supreme Court

Decided July 1, 1876PublishedCited by 1 opinion

Appeal from Colorado. Tried below before the Hon. Livingston Lindsay. September 10, 1872, H. F. Dunson, Sallie A. Dunson, H. Z. Payne in their own right, and H. F. and Sallie Dunson as the legal guardians of Cleaveland and Nannie Windrow, and as the natural guardians of Laura and Frank Dunson, styling themselves “the heirs and distributees of the estate of C. Windrow, deceased,” brought suit against Josiah F. Payne.

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Appeal from Colorado. Tried below before the Hon. Livingston Lindsay. September 10, 1872, H. F. Dunson, Sallie A. Dunson, H. Z. Payne in their own right, and H. F. and Sallie Dunson as the legal guardians of Cleaveland and Nannie Windrow, and as the natural guardians of Laura and Frank Dunson, styling themselves “the heirs and distributees of the estate of C. Windrow, deceased,” brought suit against Josiah F. Payne. The petition alleged that the petitioner, Sallie A. Dunson, and defendant, Josiah F. Payne, jointly administered the estate of C. Windrow, deceased, having qualified in such…

1Opinion of the Court

Ireland, Associate Justice.

The demurrer to plaintiffs’ petition should have been sustained. The petition is clearly an attempt to review the final account of defendant, as administrator, and his discharge from the admistration by the Probate Court.

The final account was rendered in 1865, and defendant was then discharged from the administration and his account approved, after presentation of vouchers, as shown by the judgment of the Probate Court. The present law went into operation the 15th of August, 1870, and this suit was filed 16th September, 1872.

Article 5792, Paschal’s Dig., requires…

2Cases cited2 opinions

  1. Elliot v. MitchellTexas Supreme Court · 1866
  2. Johnson v. AlexanderTexas Supreme Court · 1855

3Cited by1 opinion

  1. Handel v. KramerCourt of Appeals of Texas · 1883

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