James v. Corker
Texas Supreme Court
Appeal from Brazoria. The case was tried before Hon. George W. Smith, one of the district judges. Although the decision amounts to the statement that the certiorari to the proceedings of the county court ought not to have been- granted, and that the decree setting aside the last action of the county court was wrongfully rendered, yet as the whole merits of the case were heard and brought up on statement of facts, the Reporter deems a full history of the case necessary.
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Appeal from Brazoria. The case was tried before Hon. George W. Smith, one of the district judges. Although the decision amounts to the statement that the certiorari to the proceedings of the county court ought not to have been- granted, and that the decree setting aside the last action of the county court was wrongfully rendered, yet as the whole merits of the case were heard and brought up on statement of facts, the Reporter deems a full history of the case necessary. At the October term, 1858, of the Brazoria county court, H. H. Williams, a creditor of the estate of Maner, filed a petition…
1Opinion of the CourtMorrill, C. J.
In 1858 H. H. Williams, a creditor of the estate of William Maner, deceased, and having a mort*629gage on a certain tract of land, to secure the debt obtained an order of the county or probate court to have the mortgaged property sold and the proceeds of the sale applied to the payment of the debt; sale to be on a credit of twelve months.
At the sale James purchased the land for $28,000 75. The sale was confirmed at the court succeeding the same, and during.the same term of the court, at the instance of said James, and concurred in by the administrators of the estate of the deceased, the court…
2Cited by2 opinions
- Huddleston, Administrator v. KempnerTexas Supreme Court · 1894
- Watt v. DownsTexas Supreme Court · 1872