Gillenwaters v. Scott
Texas Supreme Court
Appeal from Cook. Tried below before the Hon. D. E. Barrett, Special Judge. The sale was in this case ordered by the district court sitting in probate. The facts appear from the opinion.
1Opinion of the Court
Stayton, Associate Justice.
The appellants sue in the right of Mrs. Gillenwaters, as heir of M. A. Elliott, deceased, to recover a part of the property described in the petition. The appellee claims through a sale of the property made by the administrator of Elliott’s estate, made under order of the proper probate court, which was duly reported to and confirmed by the court, the entire purchase money having been paid.
It is claimed that the sale was void for the reason that the petition upon which the order of sale was made did not show that debts existed which made the sale necessary.
The…
2Cases cited6 opinions
- Withers v. PattersonTexas Supreme Court · 1864
- Guilford v. LoveTexas Supreme Court · 1878
- Giddings v. SteeleTexas Supreme Court · 1866
- Alexander v. MaverickTexas Supreme Court · 1856
- Emiline McNally Et Al. v. W. D. HaynesTexas Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Dallas Joint Stock Land Bank v. ForsythTexas Supreme Court · 1937
- Daimwood v. DriscollCourt of Appeals of Texas · 1912
- Milwee v. PhelpsCourt of Appeals of Texas · 1909
- State Mortgage Corp. v. GardenCourt of Appeals of Texas · 1928
- Jackson v. HoustonTexas Supreme Court · 1892
9 more not listed; retrieve them via the Exa API.