Boggess v. Brownson
Texas Supreme Court
Appeal from Montague. Tried below before the Hon. J. A. -Carroll. Trespass to try title brought by J. M. Brownson, appellee, as administrator of Robert R. Barrow, deceased, against I. H. Boggess and D. C. Blevins. At the June term, 1877, J. P. Smith, Esq., one of the attorneys for plaintiff, filed his affidavit that the deeds comprising the chain of title of defendant I. H. Boggess were forged.
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Appeal from Montague. Tried below before the Hon. J. A. -Carroll. Trespass to try title brought by J. M. Brownson, appellee, as administrator of Robert R. Barrow, deceased, against I. H. Boggess and D. C. Blevins. At the June term, 1877, J. P. Smith, Esq., one of the attorneys for plaintiff, filed his affidavit that the deeds comprising the chain of title of defendant I. H. Boggess were forged. At the October term, 1877, the caso was tried by a jury and a verdict rendered awarding the land to plaintiff, fixing its value at $1,000. The verdict also gave defendant Boggess $320 for his…
1Opinion of the Court
Walker, P. J. Com. App.—
The- orly question raised on the demurrer to the petition, in the brief of appellant’s counsel, is whether, under the general probate laws of 1876 (Acts 15 th Leg.), an administrator, suing alone as such, may maintain an action of trespass to try title for the recovery of land, in a suit which involves the title thereto.
Our probate system from 1846 to 1370 conferred upon the administrator the right to bring and defend suits for land, without being joined by the heirs. See Guilford v. Love, 49 Tex., 733, and cases *419there cited; also Gunter v. Fox, 51 Tex., 388; Burdett…
2Cases cited9 opinions
- Guilford v. LoveTexas Supreme Court · 1878
- Rogers v. RewardTexas Supreme Court · 1880
- Millican v. MillicanTexas Supreme Court · 1859
- Graham v. ViningTexas Supreme Court · 1847
- Shannon v. TaylorTexas Supreme Court · 1856
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3Cited by5 opinions
- Canfield v. NewmanCourt of Appeals of Texas · 1924
- Lawson v. KelleyTexas Supreme Court · 1891
- Boese v. ParkhillCourt of Appeals of Texas · 1917
- Boese v. ParkhillCourt of Appeals of Texas · 1917
- McKeen v. JamesTexas Supreme Court · 1894