Legal Opinion

Mills v. Herndon

Texas Supreme Court

Decided April 29, 1890No. 6460PublishedCited by 5 opinions

Appeal from Grayson. Tried below before Hon. Eugene Williams. The entry on the records of the Probate Court of Brazoria County appointing McGreal administrator in 1848, and to which reference is made in the opinion, was as follows: “This day came on to be heard the petition of Thomas J. Green, representing that his brother, Charles P. Green (who formerly resided in this county, and belonging to the firm of C. P. Green & Co., of which he is the surviving partner), died some…

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Appeal from Grayson. Tried below before Hon. Eugene Williams. The entry on the records of the Probate Court of Brazoria County appointing McGreal administrator in 1848, and to which reference is made in the opinion, was as follows: “This day came on to be heard the petition of Thomas J. Green, representing that his brother, Charles P. Green (who formerly resided in this county, and belonging to the firm of C. P. Green & Co., of which he is the surviving partner), died some time in the fall of 1843, leaving some property in Texas in which the said deceased and the petitioner were jointly…

1Opinion of the Court

HOBBY, Judge.

—As stated in the brief of appellee, the only question in the case is whether the title of appellee is void upon its face or not. This title depends upon a sale made by an administrator of the deceased,, under whom appellants claim. Appellants claim that no facts existed that-conferred jurisdiction upon the Probate Court of Brazoria County over the1 estate of C. P. Green.

Upon the former appeal of this cause by appellants, after stating the title under which appellee claims, the opinion set forth the application or petition for administration as recited in the order of the Probate…

2Cases cited3 opinions

  1. Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
  2. Alexander v. MaverickTexas Supreme Court · 1856
  3. Johnson v. TaylorTexas Supreme Court · 1883

3Cited by5 opinions

  1. Morris v. RatliffCourt of Appeals of Texas · 1956
  2. Becknal v. BecknalCourt of Appeals of Texas · 1927
  3. Gulf, C. & S. F. Ry. Co. v. BeezleyCourt of Appeals of Texas · 1913
  4. Pierce v. BakerCourt of Appeals of Texas · 1940
  5. Oliver v. BordnerCourt of Appeals of Texas · 1912

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