Perry v. Booth
Texas Supreme Court
Error from Jefferson. This suit was brought by the appellee against, (he appellants. upon their promissory note for the payment to the former, “admin-istratrix of the estate of Robert E. Booth,” of eighteen hundred and twenty-two dollars. The defendants pleaded a failure of consideration, and also in reconvention.
Read the full summary
Error from Jefferson. This suit was brought by the appellee against, (he appellants. upon their promissory note for the payment to the former, “admin-istratrix of the estate of Robert E. Booth,” of eighteen hundred and twenty-two dollars. The defendants pleaded a failure of consideration, and also in reconvention. Tlie former plea averred that the note was given in consideration of purchases >made by the defendant Perry, of “promissory notes, accounts, land papers, belonging to tho estate of Robert E. Booth, deceased, sold by the plaintiff ;at a public sale made by her of the property, real…
1Opinion of the CourtWheelek, J.
It may well be doubted whether an order of tiie Probate Court could confer on the administratrix authority to sell tiie notes and accounts belonging to the estate of her intestate. The statute does not in terms authorize tiie sale of claims for money due the estate, but enjoins their collection. (Hart. Dig., art. 1182.) It may be true, therefore, tiiat the defendant did not acquire a good title to the notes and accounts purchased by him at the sale by tiie administratrix. But this question it is not necessary now to determine, for to constitute the plea setting up such defect of title a good…
2Cited by1 opinion
- E. F. Rowson Co. v. McKinneyCourt of Appeals of Texas · 1913