Robertson v. Johnson
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. John C. Easton. On November 8, 1870, this suit was brought by appellees, as heirs of W. H. Herrill and wife (both dead), to recover three hunclrecl and twenty acres of land in Lamar county from appellants.
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Appeal from Lamar. Tried below before the Hon. John C. Easton. On November 8, 1870, this suit was brought by appellees, as heirs of W. H. Herrill and wife (both dead), to recover three hunclrecl and twenty acres of land in Lamar county from appellants. Appellees claimed that they were the only surviving heirs of Mer- . rill and wife, and as such the owners of the land in controversy; that there was a pretended sale of the land made by their guardian, P. J. V. Horton, in 1860, under a pretended order of the probate court of Hunt county; that Frank Miles pretended to purchase the land at such…
1Opinion of the Court
Watts, J. Com. App.
Appellants claim title to the land in controversy through a guardian’s sale, and the appellees assert that the order of sale is void, because no description of the land is given in the same. This objection to the right of appellants to recover cannot be maintained, either upon the authorities or from the record. The provision of the statutes then in force, requiring the order of sale to describe the property, like that requiring the administrator *64to make an application for the sale, accompanied by an estimate of the expenses of administration and a list, of claims against…
2Cases cited6 opinions
- Guilford v. LoveTexas Supreme Court · 1878
- Alexander v. MaverickTexas Supreme Court · 1856
- Davis v. TouchstoneTexas Supreme Court · 1876
- Neill v. CodyTexas Supreme Court · 1862
- Miller v. StateTexas Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Walker v. GoldsmithOregon Supreme Court · 1886
- Baumgarten v. FrostTexas Supreme Court · 1945
- Gains v. BarrTexas Supreme Court · 1884
- Schaeffer v. WilliamsCourt of Appeals of Texas · 1918
- McGrady v. ClaryCourt of Appeals of Texas · 1923
23 more not listed; retrieve them via the Exa API.