Thomas v. Jones
Texas Supreme Court
Error from Brazoria. This snit was instituted bjr the defendant in error, against Solomon Williams in 1841, to recover a tract of land. In 1844, the death of the defendant was suggested. The case was continued from term to term, to obtain service on his legal representatives. In 1849, the plaintiff filed a petition for tlie purpose of making parties, naming the heirs, and praying that they be made parties defendant.
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Error from Brazoria. This snit was instituted bjr the defendant in error, against Solomon Williams in 1841, to recover a tract of land. In 1844, the death of the defendant was suggested. The case was continued from term to term, to obtain service on his legal representatives. In 1849, the plaintiff filed a petition for tlie purpose of making parties, naming the heirs, and praying that they be made parties defendant. Afterwards tlie plaintiff filed an amended petition, in which it was averred that there, was no administration upon the estate of Solomon Williams; that his heb.:, who were named…
1Opinion of the CourtWheeleb, J.
There is no averment in the petition for a writ of error that Mims is administrator. And it is only by tlie tacit admission in tlie affidavit in support of tlie motion to dismiss that we are distinctly apprised of that fact, and of liis purpose in prosecuting a writ of error. But if it sufficiently appears that lie is administrator of tlie estate of Williams, lie was not a party to tlie suit, and it does not appear that, as administrator, lie is interested in the judgment. If ilie defendants liad recovered in tlie action, it does not follow as of ■course that the land must have been subjected…
2Cited by9 opinions
- Alston v. EmmersonTexas Supreme Court · 1892
- Wheeler v. AhrenbeakTexas Supreme Court · 1881
- Cochrane v. DayTexas Supreme Court · 1864
- In Re Dudley's EstateCourt of Appeals of Texas · 1935
- Wilson v. HallCourt of Appeals of Texas · 1896
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