Emiline McNally Et Al. v. W. D. Haynes
Texas Supreme Court
Suit in trespass to try title against appellee. Mrs. McNally claimed as the surviving wife, and the other appellants as children of W. A. Langbam, deceased. Appellee claimed the land as purchaser at a sale made by McNair as administrator of the estate of W. A. Langbam, deceased, made by virtue of an order of the probate court of Navarro county. The sale duly reported and confirmed, and deed executed by the administrator.
Read the full summary
Suit in trespass to try title against appellee. Mrs. McNally claimed as the surviving wife, and the other appellants as children of W. A. Langbam, deceased. Appellee claimed the land as purchaser at a sale made by McNair as administrator of the estate of W. A. Langbam, deceased, made by virtue of an order of the probate court of Navarro county. The sale duly reported and confirmed, and deed executed by the administrator. Appellants alleged that the administrator’s sale under which appellee claimed was void, on two grounds: 1st. On account of fraud and combination between the administrator and…
1Opinion of the Court
Watts, J. Com. App.—
It is insisted that the evidence clearly established a combination between the appellee and McNair, the administrator of the estate, which resulted in fraudulently procuring an order of sale of the land in controversy, and the sale and purchase of the same by appellee; and that in this respect the finding of the court is. against the evidence. The principle that fraud will vitiate any and all instruments, and even the judgments and decrees of any and all courts, is, so far as we are informed, of universal application. And beyond question, if fraud by appellee and McNair in…
2Cases cited5 opinions
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Withers v. PattersonTexas Supreme Court · 1864
- Guilford v. LoveTexas Supreme Court · 1878
- Williams v. BallTexas Supreme Court · 1879
- Alexander v. MaverickTexas Supreme Court · 1856
3Cited by19 opinions
- Weems, Receiver v. MastersonTexas Supreme Court · 1891
- HILL & Jahns v. LoftonCourt of Appeals of Texas · 1914
- Teague v. SwaseyCourt of Appeals of Texas · 1907
- Schaeffer v. WilliamsCourt of Appeals of Texas · 1918
- Burks v. BennettTexas Supreme Court · 1884
14 more not listed; retrieve them via the Exa API.