Dobbin v. Bryan
Texas Supreme Court
Error from Harris. The defendant in error filed his petition in the District Court against the plaintiff in error, administrator of Berry, and against Weir, Hoth, and Banks.
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Error from Harris. The defendant in error filed his petition in the District Court against the plaintiff in error, administrator of Berry, and against Weir, Hoth, and Banks. He alleged that he had a claim against the estate of Berry, founded on an instrument in writing, in the words following: “State of Mississippi, Adams county: Know all men by these presents that I, Anderson M. Berry, am held and firmly bound to Dr. Joliu L. Bryan in the smr of six thousand dollars, to the which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these…
1Opinion of the CourtLipscomb, J.
We will first inquire whether the demurrer to the jurisdiction was well taken. If the facts stated in the petition are to be considered as true, it seems to me that the jurisdiction of the District Court can be sustained on two distinct grounds. The first is that the fraudulent combination between tire administrator and his confederates, in preventing competition and enabling these purchasers to bid iu the property at such an immense inadequacy of price, on which grounds the sales were sought to be set aside, could not have been inquired inlo and its results defeated anywhere hut in a…
2Cited by14 opinions
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- Fisher v. WoodTexas Supreme Court · 1885
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