Keowne v. Love
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. A. J, Booty. Appellees, plaintiffs in the court below, alleged substantially that plaintiffs, except W. H. Poland, were the only heirs of Bene Fitzpatrick, who died in December, 1866; that A. Pope and T. A. Jones (now Keowne) were, in July 1867, legally appointed administrators of. his estate and duly qualified as such, executing a bond for $60,000, with Womack, Ward and Lee as sureties; that letters were duly issued to Pope…
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Appeal from Harrison. Tried below before the Hon. A. J, Booty. Appellees, plaintiffs in the court below, alleged substantially that plaintiffs, except W. H. Poland, were the only heirs of Bene Fitzpatrick, who died in December, 1866; that A. Pope and T. A. Jones (now Keowne) were, in July 1867, legally appointed administrators of. his estate and duly qualified as such, executing a bond for $60,000, with Womack, Ward and Lee as sureties; that letters were duly issued to Pope and Jones, and thereafter Pope, as one of the administrators, received thereby $33,000, the property of the estate, and…
1Opinion of the Court
Stayton, Associate Justice.
The first assignment points out no particular error, but simply alleges that the court erred in overruling exceptions to plaintiffs’ petition. There were as many as twenty special exceptions filed and overruled, and it is well settled in such cases that an assignment such as is found in this record cannot be considered.
It is urged that the court erred in refusing to enter a judgment on the verdict for the defendants on their motion. The proper joinder of the sureties on the first and second bonds executed by the administrators was passed upon on the former appeal of…
2Cases cited4 opinions
- Braxton v. State ex rel. AlbertIndiana Supreme Court · 1865
- Placer County v. DickersonCalifornia Supreme Court · 1872
- Moore v. State ex rel. AtkinsonIndiana Supreme Court · 1875
- Davis v. ThornTexas Supreme Court · 1851
3Cited by15 opinions
- Barry v. Screwmen's Benevolent Ass'nTexas Supreme Court · 1887
- Yoe & Harris v. MontgomeryTexas Supreme Court · 1887
- Mapes v. FosterWyoming Supreme Court · 1928
- Chimene v. BakerCourt of Appeals of Texas · 1903
- Plunkett v. SimmonsCourt of Appeals of Texas · 1933
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