Parker v. Campbell
Texas Supreme Court
Error from Houston. Tried below before Hon. J. H. Reagan. This was a suit against certain of the sureties of one Elon A. Campbell, oh his bond as guardian of Geo. W. Campbell. The appellant set up among other defences specially, that said Elon A. Campbell was never properly appointed guardian of said Geo. W., that the County Court of Houston county had no jurisdiction over the person or property of said Geo.
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Error from Houston. Tried below before Hon. J. H. Reagan. This was a suit against certain of the sureties of one Elon A. Campbell, oh his bond as guardian of Geo. W. Campbell. The appellant set up among other defences specially, that said Elon A. Campbell was never properly appointed guardian of said Geo. W., that the County Court of Houston county had no jurisdiction over the person or property of said Geo. W., and that it had no power to grant letters of guardianship to said EIon.A., or to take bond of. There was a verdict and judgment for the defendant in error.
1Opinion of the Court
Wheeler. J.
There is no better settled doctrine than that, where a party has solemnly admitted a fact by deed and under his hand and seal, he is estopped, not only from denying the deed itself, but every fact which it recites. (9 Wend. R. 209 ; 4 Blackf, 437.) It is, unnecessary to cite the numerous *764cases which establish this general doctrine. The case of Borden v. Houston, decided by this Court, is decisive of the present question. (2 Tex. R. 594; and see 8 Pick. 386 ; 3 Id. 38.) The defendant was not at liberty to dispute the appointment and official character of his principal in the bond.…
2Cited by17 opinions
- Havard v. SmithCourt of Appeals of Texas · 1929
- Kuklies v. ReinertCourt of Appeals of Texas · 1953
- Massie v. ShieldsCourt of Appeals of Texas · 1933
- Willis v. SmithTexas Supreme Court · 1889
- Fikes v. Buckholts State BankCourt of Appeals of Texas · 1925
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