Sossaman v. Powell
Texas Supreme Court
Appeal from San Augustine. Tried below before Hon. A. W. 0. Hicks. Suit by appellants, who describe themselves as the “ surviving widow and heirs of Charles R. Sossaman,” to remove a cloud upon their title to certain lots of land upon which was the homestead of said Charles R. Sossaman.
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Appeal from San Augustine. Tried below before Hon. A. W. 0. Hicks. Suit by appellants, who describe themselves as the “ surviving widow and heirs of Charles R. Sossaman,” to remove a cloud upon their title to certain lots of land upon which was the homestead of said Charles R. Sossaman. The appellee filed a general demurrer and various special exceptions to the petition, among them that there was no allegation in said petition, that there was administration on the estate of C. R. Sossaman, nor reason shown why there is none ; and that there is no allegation that the Probate Court of San…
1Opinion of the Court
Hemphill, Ch. J.
This case does not come within the rule requiring the administrator to enforce the rights of the succession and excluding the heirs from bringing suit unless under special circumstances and equities. (Patton, adm’r v. Gre*665gory, adm’r et al., decided at this Term.) An administrator has but little concern with the homestead of the deceased. In no event can it be converted to the use of creditors. They have no interest in such property. The suit by an administrator is presumed to be principally for the benefit of creditors. This consideration does not hold in suits for homestead…
2Cited by23 opinions
- McLane v. PaschalTexas Supreme Court · 1889
- Thompson v. KayTexas Supreme Court · 1934
- Reeves v. GoodnerTexas Supreme Court · 1875
- Wright v. DohertyTexas Supreme Court · 1878
- American Bonding Co. of Baltimore v. LoganTexas Supreme Court · 1914
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