Peters v. Caton
Texas Supreme Court
Error from Red River. The plaintiffs in error were sued on a prc,. issory note given for the price of a slave purchased at a succession sale, ai u the defense set up was that the sale was illegal; that it was not made at the. -,ourt house nor on the first Tuesday of the month as required; and that as soon . s the defendant John S. Peters was apprised of the illegality, he requested the administratrix to take back the negro and give up the note, which she refugee., and the…
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Error from Red River. The plaintiffs in error were sued on a prc,. issory note given for the price of a slave purchased at a succession sale, ai u the defense set up was that the sale was illegal; that it was not made at the. -,ourt house nor on the first Tuesday of the month as required; and that as soon . s the defendant John S. Peters was apprised of the illegality, he requested the administratrix to take back the negro and give up the note, which she refugee., and the defendants averred their readiness to deliver, up the negro, ana they piayod trwt the note be canceled and the slave…
1Opinion of the Court
Hemphill, Ch. J,
Whether the sale be void or not dependson the statu*279tory provisions in force at tlie time regulating sales of estate property by'virtue of orders or decrees of Probate Courts. The act of 21st January, 1841, (art. 1057, Dig.,) declares that public sales by sheriffs, constables, administrators, &e., may be held at tlie residence of the owner of the property, or at the late residence of a deceased person, or at any other place, by consent ol parties interested, which will be most advantageous to the sale of the property; provided, always, that real estate and slaves shall be sold…
2Cases cited1 opinion
- Knox v. JenksMassachusetts Supreme Judicial Court · 1811
3Cited by8 opinions
- Moody's Heirs v. MoellerTexas Supreme Court · 1889
- Brown v. ChristieTexas Supreme Court · 1863
- Cruse v. O'GwinCourt of Appeals of Texas · 1907
- Tippett v. MizeTexas Supreme Court · 1867
- Harris v. BrowerCourt of Appeals of Texas · 1893
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