Patton v. Gregory
Texas Supreme Court
Appeal from Navarro. Tried below before Hon. C. A. Frazer. Suit to annul and set aside a deed of gift, in writing, made to appellant’s intestate, by James Hughes, deceased, of whom appellees are heirs-at-law, in which character they sue.
Read the full summary
Appeal from Navarro. Tried below before Hon. C. A. Frazer. Suit to annul and set aside a deed of gift, in writing, made to appellant’s intestate, by James Hughes, deceased, of whom appellees are heirs-at-law, in which character they sue. The material averments of the petition are that James Hughes departed this life some time in the month of December, 1846, leaving an estate, real and personal; that one Moses M. Hughes sets up a claim to a portion of said estate, which is described. That the claim of said Moses M. Hughes to the lands and property described is without foundation, and is set up…
1Opinion of the Court
Hemphill, Oh. J.
The first question is, as to the right of the plaintiff to bring the suit.
The general rule is, that heirs, devisees, &c., should not be allowed to sue for the recovery of the debts or property of an estate pending an administration; but there are exceptions as well established as the rule itself. Some of these will appear from cases in which the subject was matter of inquiry. (2 Tex. R. 82, 400 : 4 Tex. R. 187 ; 8 Tex. R. 182 ; 7 Tex. R. 210 ; 10 Tex. R. 560.) It may be remarked that the exception against the heirs, as improper parties, has not been sustained in any except the…
2Cited by24 opinions
- Floyd v. RiceTexas Supreme Court · 1866
- Belt v. CettiTexas Supreme Court · 1906
- Gulf, C. & S. F. Ry. Co. v. BrooksCourt of Appeals of Texas · 1910
- Fort v. FittsTexas Supreme Court · 1886
- San Antonio Street Railway Co. v. MuthCourt of Appeals of Texas · 1894
19 more not listed; retrieve them via the Exa API.