Smith's Adm'r v. McGaughey
Texas Supreme Court
Appeal from Tyler. Action commenced April 25th, 1853, by the appellant against the appellees for the difference between the amount at which property of the estate was knocked off to them at the administrator’s sale, and the amount for which it was sold at a subsequent sale.
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Appeal from Tyler. Action commenced April 25th, 1853, by the appellant against the appellees for the difference between the amount at which property of the estate was knocked off to them at the administrator’s sale, and the amount for which it was sold at a subsequent sale. The first sale was on the first Tuesday in Sept., 1851; the subsequent sale on the first Tuesday in April, 1853. The property was improved real estate, and the petition alleged that the defendants took possession under their purchase on the last Monday in September, 1851, and still retained possession, although refusing to…
1Opinion of the CourtWheeler, J.
There can be no question of the legal sufficiency of the original petition. It is unnecessary to discuss the merits of the first amendment, it having been stricken out 'and abandoned by the subsequent amendment. The objection taken by exceptions to the latter was, that it set up a new and distinct cause of action, barred by the statute of. limitations. The objection seems not to be well taken. The new matter stated in the final amendment, appears to have been intended as a replication to the matters set up in the answer ; rather than as introducing any new demand, or right of action. If…
2Cited by8 opinions
- Phipps v. ReedCourt of Appeals of Texas · 1949
- Perrin v. Mallory Commission Co.Arizona Supreme Court · 1904
- Walker v. HowardTexas Supreme Court · 1871
- Reader v. FarrissSupreme Court of Oklahoma · 1915
- Bremond v. JohnsonCourt of Appeals of Texas · 1877
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