Barrett v. Barrett
Texas Supreme Court
Error from McLennan. The case was tried before Hon. M. A. Long, a special judge, agreed upon by the parties. * The facts as tc? the petition are sufficiently indicated in the opinion of the court. The defense set up in the answer attacked a deed made by the defendant’s intestate, and set up an equity in favor of ■ his subsequent creditors.
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Error from McLennan. The case was tried before Hon. M. A. Long, a special judge, agreed upon by the parties. * The facts as tc? the petition are sufficiently indicated in the opinion of the court. The defense set up in the answer attacked a deed made by the defendant’s intestate, and set up an equity in favor of ■ his subsequent creditors. The jury found that'the land was subject to the debts of the intestate, and the judgment rendered was, that the plaintiff recover all the land not necessary to pay such debts. As the case was decided upon the legal proposition that the heirs were necessary…
1Opinion of the CourtLindsay, J.
—This is a somewhat novel case. Its novelty arises from the very peculiar and unique character of our administration laws. It is a suit brought by the demandant, in the manner of an action to try title, as prescribed by our laws, against an administrator, who claims the land sought to be recovered as a part of the real assets of the estate of his intestate. We have sought in vain for a precedent in our own reported decisions, and we feel well assured that it would be difficult to find one in the decisions of any other state for a proceeding just like the present. There can be no doubt that an…
2Cases cited1 opinion
- Ayres v. DupreyTexas Supreme Court · 1864
3Cited by9 opinions
- Moore v. GieseckeTexas Supreme Court · 1890
- Keller v. Smalley & HarrisTexas Supreme Court · 1885
- Gunter v. FoxTexas Supreme Court · 1879
- Lawson v. KelleyTexas Supreme Court · 1891
- Rudd v. JohnsonTexas Supreme Court · 1883
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