Davis v. Touchstone
Texas Supreme Court
Appeal from Milam. Tried below before the Hon. J, M. Onins. Suit by J. A. Davis, alleging, in substance, that he sold to James Touchstone three hundred and twenty acres of land, in Milam county, a part of the headlight of Leander Haii, and on which Touchstone resided at the time of his death; that Touchstone failed to pay the purchase-money, and that after his death, William C. Easterwood, as his administrator, accepted the claim against the estate for the purchase-money,…
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Appeal from Milam. Tried below before the Hon. J, M. Onins. Suit by J. A. Davis, alleging, in substance, that he sold to James Touchstone three hundred and twenty acres of land, in Milam county, a part of the headlight of Leander Haii, and on which Touchstone resided at the time of his death; that Touchstone failed to pay the purchase-money, and that after his death, William C. Easterwood, as his administrator, accepted the claim against the estate for the purchase-money, which was approved by the county judge of Milam county; that on the 27th day of February, 1868, an order was made by the…
1Opinion of the Court
Gould, Associate Justice.
The leading objections to the order of sale to foreclose a vendor’s lien are, that it was made on the application of the administrator, and that the land ordered to be sold is not sufficiently described.
In regard to the first point, it may be premised that the order recites that it was made on the petition of the administrator, and although the petition did not appear in the record, it must be assumed that there was a petition. (Alexander v. Maverick, 18 Tex., 192; Withers v. Patterson, 27 Tex, 491.)
Under the probate law of 1848, the power of the Probate Court to…
2Cases cited3 opinions
- Miller v. StateTexas Supreme Court · 1874
- Allen v. Heirs of ClarkTexas Supreme Court · 1858
- Wells v. MillsTexas Supreme Court · 1858
3Cited by20 opinions
- Crawford v. McDonaldTexas Supreme Court · 1895
- Hermann v. LikensTexas Supreme Court · 1897
- Waterhouse v. GallupCourt of Appeals of Texas · 1915
- Robertson v. JohnsonTexas Supreme Court · 1882
- Hurley v. BarnardTexas Supreme Court · 1877
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