McMillan v. Kelch
Texas Supreme Court
Error from Colorado. Tried before the Hon. Robert J. Townes. The defendant in error filed the following motion : The defendant in error says that after the determination of this cause in the District Court, and before the filing of the petition for the writ of error, he, as administrator of E. Kelch, deceased, made a final settlement of the estate, in the County Court of Colorado County, where letters of administration were granted to him; and that the plaintiff in error was…
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Error from Colorado. Tried before the Hon. Robert J. Townes. The defendant in error filed the following motion : The defendant in error says that after the determination of this cause in the District Court, and before the filing of the petition for the writ of error, he, as administrator of E. Kelch, deceased, made a final settlement of the estate, in the County Court of Colorado County, where letters of administration were granted to him; and that the plaintiff in error was party to that settlement; all of which will more fully appear by copy from the records of the County Court of Colorado…
1Opinion of the Court
Hemphill, Ch. J.
The plaintiff in error, John McMillan, as guardian of certain minors, filed his petition in the County Court, alleging, among other things, that the defendant, E. Kelch, as administrator of his wife, had not returned in the inventory two yoke of oxen, farming utensils, crops of cotton and corn, alleged to belong to the estate of the wife. The Court, at the hearing, ordered the suit to be dismissed, the property sued for not being the property of the estate. An appeal was taken to the District Court, and on the 14th April, 1854, the appeal, for the want of an appeal bond, was…
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