Thomas v. Greer
Texas Supreme Court
Appeal from San Augustine. This suit was brought ou the 14th of January, 1SÜ0, by (lie appellant, as administrator oE Anderson, to recover a slave alleged to be the properly of the estate of his intestate..
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Appeal from San Augustine. This suit was brought ou the 14th of January, 1SÜ0, by (lie appellant, as administrator oE Anderson, to recover a slave alleged to be the properly of the estate of his intestate.. The material facts presented by the record were that in 1S42 the appellant was appointed by the Probate Court of San Augustine county administrator de bonis non of B. Anderson, and as such had possession of the slave sued for; that there was a suit in the District Court of Sail Augustine county against him as administrator, by Young, for the foreclosure of a mortgage given by the intestate…
1Opinion of the CourtLipscomb, J.
The counsel for the appellant concede that if the statute ol limitations of the 5th February, A. D. 1841, embraces a case like this, it had interposed a bar to tiie action.' They contend, however, that it does not apply, because that the decree‘and the execution under which the slave was sold was a nullity; that at the time of the suit and the rendition of the judgment and decree the District Courts liad no jurisdiction of the matter; that it appertained exclusively to the Probate Court; that as the sale was void under which the defendant claimed title, the possession was not adverse ; and…
2Cited by8 opinions
- Belt v. CettiTexas Supreme Court · 1906
- Galveston, Harrisburg & San Antonio Railway Co. v. WashingtonCourt of Appeals of Texas · 1901
- Houston Oil Co. of Texas v. BrownCourt of Appeals of Texas · 1917
- Rohrig v. WhitneySupreme Court of Iowa · 1944
- Luter v. HutchinsonCourt of Appeals of Texas · 1902
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