Wright v. Heffner's Executors
Texas Supreme Court
Appeal from Morris. Tried below before the Hon. B. T. Estes. The opinion states the nature of the suit on defense. The will of Alfred Heffner contained the following clauses: . . . “It is my wish and desire that after my demise, all my property, both real and personal, be sold to the highest bidder on a twelve months' credit, the purchaser being required to give such bond as my executors may demand, or as may be demanded by the law, for the payment of said property, and that…
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Appeal from Morris. Tried below before the Hon. B. T. Estes. The opinion states the nature of the suit on defense. The will of Alfred Heffner contained the following clauses: . . . “It is my wish and desire that after my demise, all my property, both real and personal, be sold to the highest bidder on a twelve months' credit, the purchaser being required to give such bond as my executors may demand, or as may be demanded by the law, for the payment of said property, and that my executors be required to have this my last will and testament recorded, and that they proceed according to law in…
1Opinion of the Court
Stayton, Associate Justice.
This action was brought by the executors of the will of A. Heffner, deceased, to recover upon a promissory note, executed to them by the appellant and his sureties for land which he had bought from them at a sale made by them as executors, andoalso to establish and foreclose a lien which they claimed on the land, to secure the purchase money, no mortgage having been taken as required by the statute when property of an estate is sold unde)' an order of the probate court.
There was a judgment in favor of the appellees against the appellant and one of his sureties, and…
2Cases cited1 opinion
- Lewis v. WilliamsTexas Supreme Court · 1855
3Cited by2 opinions
- Warhmund v. Merritt & MetcalfTexas Supreme Court · 1883
- John Hancock Mut. Life Ins. Co. v. DuvalCourt of Appeals of Texas · 1936