Yerby v. Hill
Texas Supreme Court
Appeal from Brazoria. Tried before the Hon. Nelson H. Hunger. Suit by a bidder at a probate sale, (the appellant,) to whom the property had been knocked down, against an executor, the appellee, to enforce the specific performance of the sale.
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Appeal from Brazoria. Tried before the Hon. Nelson H. Hunger. Suit by a bidder at a probate sale, (the appellant,) to whom the property had been knocked down, against an executor, the appellee, to enforce the specific performance of the sale. After alleging the indebtedness of the State, secured by mortgage on the land ; the petition of the creditor for order of sale ; order for sale, and advertisement, the petition continued as follows : On the day last mentioned (first Tuesday in April, 1855,) in front of the Court House door of said county, between the hours of ten o’clock, A. M., and 4…
1Opinion of the CourtWheelbb, J.
The case of Davis v. Stewart, adm’r, (4 Tex. R. 223,) is decisive of the present. The purchaser of property, at a sale by order of the Probate Court, purchases subject to the authority of the Court to confirm or set aside the sale. His purchase is not complete, and no title vests until the action of the Court, confirming the sale. He is bound to take notice of the action of the Court in this regard ; and if aggrieved by it, his remedy, if he has any, is by appeal. (Ib.) The interest of estates, and creditors for whose benefit the sale is made, demands a prompt determination of these…
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