Wilson v. Wright
Texas Supreme Court
Appeal from the District Court of Lamar county. — Appellants sued appellees October 24, 1870, in trespass to try title for the recovery of 1476 acres of land patented to the heirs of Sarah Cross, November, 1856, by virtue of a portion of the league and labor headright certificate of said Sarah Cross, deceased. Appellants claim Isaac Reed as the surviving husband, and the others as children of Sarah Cross, deceased.
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Appeal from the District Court of Lamar county. — Appellants sued appellees October 24, 1870, in trespass to try title for the recovery of 1476 acres of land patented to the heirs of Sarah Cross, November, 1856, by virtue of a portion of the league and labor headright certificate of said Sarah Cross, deceased. Appellants claim Isaac Reed as the surviving husband, and the others as children of Sarah Cross, deceased. Appellees plead not guilty, also three, five and ten years limitation, and an outstanding title in the estate of W. M. Williams, deceased. Gibbons, as administrator of Williams’…
1Opinion of the CourtWatts, J.
Opinion by In the investigation of this case, we are met at the outset, with certain propositions urged by the appellants as conclusive against the rights of the appellee to the land in controversy. The first of these propositions is that the administration of the estate of Sarah Cross, deceased, is void, as the petition *343for letters was not sufficient to invoke the jurisdiction of the Probate Court of Lamar county.
"Under the statute then in force, the surviving husband had the preference to the administration upon the estate of his deceased wife. (Hartley’s Digest, art. 995.)
In that matter,…
2Cases cited4 opinions
- Simpson v. ChapmanTexas Supreme Court · 1876
- Judson v. SierraTexas Supreme Court · 1858
- Peevy v. HurtTexas Supreme Court · 1869
- Budd v. FisherTexas Supreme Court · 1856