Thompson v. Duncan
Texas Supreme Court
Appeal from Matagorda County. Trespass to try title. The suit was brought to the March term, 1842, of the district court of Matagorda county. The petition is in the usual form, alleging the title to the land to be in the estate of Jesse Thompson, deceased, and that the possession is unlawfully held by the defendant Duncan.
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Appeal from Matagorda County. Trespass to try title. The suit was brought to the March term, 1842, of the district court of Matagorda county. The petition is in the usual form, alleging the title to the land to be in the estate of Jesse Thompson, deceased, and that the possession is unlawfully held by the defendant Duncan. It also alleges that the appellant was ‘‘duly appointed administrator of said Jesse Thompson, who died intestate, and he now brings into court a copy of his letters of administration.” The copy of the letters thus referred to forms a part of the transcript of the record and…
1Opinion of the CourtLtpsoomb, J.
This action was brought by the appellant as administrator of Jesse Thompson to recover a tract of land claimed by him as a part of the estate of his intestate. The defendant by way of defense filed a peremptory exception to the right of the plaintiff to sue, thus presenting the question of law, whether an administrator can sue for the lands of his intestate.
The exception was sustained and the plaintiff appealed. The rule of the common law is, that the personalty shall go to the legal representative, and the realty shall descend to the heir on the death of his ancestor. The heir tabes the land…
2Cited by11 opinions
- Guilford v. LoveTexas Supreme Court · 1878
- Millican v. MillicanTexas Supreme Court · 1859
- Graham v. ViningTexas Supreme Court · 1847
- Greenwall v. LigonTexas Commission of Appeals · 1929
- Canfield v. NewmanCourt of Appeals of Texas · 1924
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