Allen v. Heirs of Clark
Texas Supreme Court
Error from Fannin. Tried below before the Hon. W. S. Todd. Suit for trespass for land. This cause was submitted to the Court upon the following agreed statement of facts : “ The plaintiffs hold title by patent issued to the heirs of Jonathan Clark, and it is admitted that they are his heirs.
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Error from Fannin. Tried below before the Hon. W. S. Todd. Suit for trespass for land. This cause was submitted to the Court upon the following agreed statement of facts : “ The plaintiffs hold title by patent issued to the heirs of Jonathan Clark, and it is admitted that they are his heirs. On the 25th March, 1844, the administrator of Clark, the ancestor,'of plaintiffs applied by petition to the Probate Court of Red River county, in which letters of administration had been granted, for an order to sell the headright certificate upon which plaintiff's patent issued ; the order was made upon…
1Opinion of the Court
.Hemphill, Ch. J.
This suit was brought by the heirs of *405Jonathan Clark, deceased, for land, against Malachi Allen who claims by virtue of purchase at a probate sale of the head-right certificate of the deceased under which the land was surveyed and patented. The order of sale was obtained by the administrator of Clark, deceased, in March, 1844, on his application to the Probate Court of Red River county, in which county letters of administration had been granted, and the only question is as to the validity of this order of sale. We see no ground upon which it can be impeached.
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2Cases cited2 opinions
- Alexander v. MaverickTexas Supreme Court · 1856
- Miller v. MillerTexas Supreme Court · 1853
3Cited by6 opinions
- Rogers v. RewardTexas Supreme Court · 1880
- Lyne v. SanfordTexas Supreme Court · 1891
- Davis v. TouchstoneTexas Supreme Court · 1876
- Moody v. BonhamCourt of Appeals of Texas · 1915
- Santana Live-Stock & Land Co. v. PendletonCourt of Appeals for the Fifth Circuit · 1897
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