Legal Opinion

Brown v. Fleming

Texas Commission of Appeals

Decided May 28, 1919No. 57-2772; No. 102-3227PublishedCited by 32 opinions

Error to Court of Civil Appeals of Third Supreme Judicial District. Suit by J. E. Brown, administrator, against S. S. Fleming, Sheriff, and others, and contest by the Beall Hardware & Implement Company of application to sell land to pay debts by J. F. Cavitt, administrator, and others. From judgment for plaintiff Brown in the first suit, defendants appealed to the Court of Civil Appeals, which reversed and remanded (178 S. W. 964), and plaintiff brings error.

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Error to Court of Civil Appeals of Third Supreme Judicial District. Suit by J. E. Brown, administrator, against S. S. Fleming, Sheriff, and others, and contest by the Beall Hardware & Implement Company of application to sell land to pay debts by J. F. Cavitt, administrator, and others. From judgment for plaintiff Brown in the first suit, defendants appealed to the Court of Civil Appeals, which reversed and remanded (178 S. W. 964), and plaintiff brings error. From judgment for the administrator and others in the second case, contestant appealed to the Court of Civil Appeals, which remanded…

1Opinion of the Court

McCLENDON, j.

The two causes mentioned in the caption were consolidated by order of the Supreme Court, after writs of error had been granted.

Tbe cause first mentioned was a suit brought by J. E. Brown, in his capacity as administrator of the estate of C. R. Phillips, deceased, in the district court of McLennan county, against the sheriff of that county and Beall Hardware & Implement Company, to restrain a sale of eight acres of land belonging to the estate of C. R. Phillips, deceased, under an order of sale upon a judgment of the district court of Hunt county, in which judgment the hardware…

2Cases cited15 opinions

  1. McWhorter v. NorthcutTexas Supreme Court · 1900
  2. White v. ShepperdTexas Supreme Court · 1856
  3. Lacoste v. DuffyTexas Supreme Court · 1878
  4. Altgelt, Administrator v. National BankTexas Supreme Court · 1904
  5. Heirs of Edwards v. MountsTexas Supreme Court · 1884

10 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Olds v. TraylorCourt of Appeals of Texas · 1944
  2. Krueger v. WilliamsTexas Supreme Court · 1962
  3. Thompson v. ThompsonTexas Supreme Court · 1951
  4. Carey v. LooneyTexas Supreme Court · 1923
  5. Houston v. ColeTexas Supreme Court · 1942

27 more not listed; retrieve them via the Exa API.

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