Kendrick v. Wheeler and Bowman
Texas Supreme Court
May 20, 1889, appellants instituted this suit in the County Court, by bill of review, against appellees, seeking to set aside and review certain orders of the Probate Court made at its Hay Term, 1881. The petition,, in substance, alleges: That appellants Jessie Kendrick and Effie Burnett are the children of appellee Walter Wheeler and his deceased wife A. C. Wheeler.
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May 20, 1889, appellants instituted this suit in the County Court, by bill of review, against appellees, seeking to set aside and review certain orders of the Probate Court made at its Hay Term, 1881. The petition,, in substance, alleges: That appellants Jessie Kendrick and Effie Burnett are the children of appellee Walter Wheeler and his deceased wife A. C. Wheeler. That at the death of their mother there were two certain tracts-of land that belonged to the community estate of their mother and father. That appellee Wheeler was, on the 17th day of January, 1881, by the County Court of Collin…
1Opinion of the Court
FISHER, Judge,
Section B.—It is contended by appellants, that as the-notice of sale was not given for the length of time required by law, and as there was no sufficient legal reason nor necessity for the sale, the order of sale and sale thereunder are void, and should have been set aside. The-failure to give the notice the length of time required by law does not render the sale void. Weems v. Masterson, 80 Texas, 49; Heath v. Layne, 62 Texas, 689; Lyne v. Sanford, 82 Texas, 63.
If the father is the guardian of the persons and estates of his minor-children, it is his duty to educate and support…
2Cases cited11 opinions
- Weems, Receiver v. MastersonTexas Supreme Court · 1891
- Daniel v. LeitchSupreme Court of Virginia · 1856
- Lyne v. SanfordTexas Supreme Court · 1891
- Dancy v. StricklingeTexas Supreme Court · 1855
- Hatcher v. BriggsOregon Supreme Court · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Harrison v. SharpeCourt of Appeals of Texas · 1919
- Maroney v. TannehillSupreme Court of Oklahoma · 1923
- Goldberg v. ZellnerTexas Commission of Appeals · 1921
- Schaeffer v. WilliamsCourt of Appeals of Texas · 1918
- Comstock v. LomaxCourt of Appeals of Texas · 1911
16 more not listed; retrieve them via the Exa API.