Ingram v. Maynard
Texas Supreme Court
Error from Matagorda. The defendant in error, as administrator with the will annexed of Ini Ingram, deceased, sued the plaintiff in error in the District Court of Matagorda county upon an alleged judgment of the County Court of that county theretofore rendered for the sum of $1,021.09. The petition was filed on the 14th day of August, 1849, and alleged that on the 27th day of Sep-"1ember, 1S37, Seth Ingram (the defendant below) was appointed by the Probate Court of Matagorda…
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Error from Matagorda. The defendant in error, as administrator with the will annexed of Ini Ingram, deceased, sued the plaintiff in error in the District Court of Matagorda county upon an alleged judgment of the County Court of that county theretofore rendered for the sum of $1,021.09. The petition was filed on the 14th day of August, 1849, and alleged that on the 27th day of Sep-"1ember, 1S37, Seth Ingram (the defendant below) was appointed by the Probate Court of Matagorda county, at his own request, testamentary executor of the last will and testament of Ira Ingram, deceased ; that he…
1Opinion of the Court
■Wheeler, J.
Tiie ground mainly relied on fora reversal of the judgment, and the only one which it is deemed material to consider, respects tlie validity of the judgment upon which the suit was brought. And this must depend upon the jurisdiction of tile County Court to render that judgment.
By tlie law in force at tlie time (1841) it was competent for the executor to resign his trust, and thus dissolve t.he fiduciary relation between himself and tlie'succession. (Acts 1S40, p. 114, sec. 9.) This the petition alleges the defendant liad done, and up to andón the 29th day of August, 1848, .after…
2Cited by7 opinions
- Fort v. FittsTexas Supreme Court · 1886
- Hudson v. BarrattSupreme Court of Kansas · 1900
- Bopp v. HansfordCourt of Appeals of Texas · 1898
- American Bonding Co. of Baltimore v. LoganCourt of Appeals of Texas · 1910
- American Surety Co. of New York v. FitzgeraldCourt of Appeals of Texas · 1931
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