Legal Opinion

Boyle v. Forbes

Texas Supreme Court

Decided July 1, 1852PublishedCited by 1 opinion

Appeal from Fayette. This was a suit brought by the appellee, as administrator of W. II. Carson, against the appellant to recover a tract of land granted by the government of Coahuila and Texas as a headright to tho intestate. The petition set out the grant and ñeld-notes, and charged tho trespass to have been committed by tho appellant.

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Appeal from Fayette. This was a suit brought by the appellee, as administrator of W. II. Carson, against the appellant to recover a tract of land granted by the government of Coahuila and Texas as a headright to tho intestate. The petition set out the grant and ñeld-notes, and charged tho trespass to have been committed by tho appellant. It alleged the death of Carson, the grantee, in 1838, without a will, and the issue of letters of administration to the plaintiff by the probate judge of Brazoria county, that being (lie comity of the residence of the intestate at the time of his death. The…

1Opinion of the CourtLipscomb, J.

At the time this succession was opened we had no statutory enactment on the subject. The laws of the State of Louisiana in relation to vacant successions had been adopted by the ordinance of the 22d January, 1S3G. (Art. 9S3, Hart. Dig.) In the case of Flores, administrator, v. Howth & Dwyer, 5th Texas, it was ruled by this court that under the laws of Louisiana an administrator held his appointment, for one year only, hut that it could be extended for sufficient cause' shown from year ‘to year not exceeding five years. The laws of Louisiana, so adopted, continued in force until superseded by…

2Cited by1 opinion

  1. Houston & Texas Central Railway Co. v. RogersCourt of Appeals of Texas · 1897

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