Abney v. Pope
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. A. J. Booty. Suit brought October 7, 1877, by John G. Abney, the appellant, against James W. Pope, John H. Pope, William II. Pope, Alexander Pope, Asa Pope, Miss Lou Pope, and Irvine Pope, a minor, temporarily absent from the State.
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Appeal from Harrison. Tried below before the Hon. A. J. Booty. Suit brought October 7, 1877, by John G. Abney, the appellant, against James W. Pope, John H. Pope, William II. Pope, Alexander Pope, Asa Pope, Miss Lou Pope, and Irvine Pope, a minor, temporarily absent from the State. The petition alleged, in substance, that Alexander Pope, now deceased, acquired by purchase the land sued for as community property, while residing in Texas, as the husband of his first wife, the mother of the defendants; that immediately after its purchase, Alexander Pope and his first wife destined the land as a…
1Opinion of the Court
Gould, Associate Justice.
In this case, after the death of the maker of a mortgage with power of sale, and pending administration on bis estate, a sale was had under the power, and the purchaser at that sale asserts his title in this suit against the heirs of the deceased debtor.
Since the decision in Robertson’s Administratrix v. Paul, such sales have been held invalid. The reason upon which that line of decisions is founded, is not that the power is revoked by death, but that our statutes governing the settlement of estates postpone such claims to sundry others, including the allowance to be…
2Cases cited4 opinions
- Robertson v. PaulTexas Supreme Court · 1856
- McLane v. PaschalTexas Supreme Court · 1877
- Black v. RockmoreTexas Supreme Court · 1878
- Mayman v. ReviereTexas Supreme Court · 1877
3Cited by9 opinions
- Wiener v. ZweibTexas Supreme Court · 1912
- Taylor v. WilliamsTexas Supreme Court · 1908
- Heirs of John Rogers v. WatsonTexas Supreme Court · 1891
- Girardeau v. PerkinsCourt of Appeals of Texas · 1910
- Linberg v. FinksCourt of Appeals of Texas · 1894
4 more not listed; retrieve them via the Exa API.