Heath v. Layne
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. A. J. Booty. Suit against appellants brought September 6, 1878, in the district court of Harrison county, to revise, vacate and annul an order of sale, sale and confirmation thereof, of the land in controversy, made by the county court of Harrison county, in the administration of the estate of Thomas Heath, deceased, and to remove cloud from title, etc.
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Appeal from Harrison. Tried below before the Hon. A. J. Booty. Suit against appellants brought September 6, 1878, in the district court of Harrison county, to revise, vacate and annul an order of sale, sale and confirmation thereof, of the land in controversy, made by the county court of Harrison county, in the administration of the estate of Thomas Heath, deceased, and to remove cloud from title, etc. The pleadings are very voluminous, and the record made up in disregard of the rules. The case as made is as follows: Thos. Heath died in 1861, intestate, and leaving a large landed estate, with…
1Opinion of the Court
Watts, J. Com. App.
This suit had for its object the vacating- and setting aside certain orders made by the county court in the-matter of the estate of Thomas Heath, deceased, and to vacate and annul a sale of land made by virtue of such orders, and to remove cloud from title. It is claimed that the order of sale, and the order confirming the sale, and the sale itself, are each and all irregular and' void.
The first question for consideration arising out of the record is as-to the jurisdiction of the district court to hear and determine the-case as presented by the pleadings.
Under the…
2Cases cited5 opinions
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Guilford v. LoveTexas Supreme Court · 1878
- Mills v. HerndonTexas Supreme Court · 1883
- George v. WatsonTexas Supreme Court · 1857
- Finch's heirs v. EdmonsonTexas Supreme Court · 1853
3Cited by61 opinions
- Sutton v. EnglishSupreme Court of the United States · 1918
- Valdez v. HollenbeckTexas Supreme Court · 2015
- Herring v. Welborn, Texas Court of Appeals, 4th District (San Antonio)2000
- Craig v. Pittman & Harrison Co.Texas Commission of Appeals · 1923
- Lyne v. SanfordTexas Supreme Court · 1891
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