Graham v. Hawkins
Texas Commission of Appeals
Appeal from Ellis. Tried below before the Hon. H. Barksdale. This case was before the supreme court on a former appeal. Graham v. Hawkins, 38 Tex., 628. The report in that case gives a history of the facts upon which the controversy exists. On a second trial, and in which the defendant Graham alone is interested in a tract purchased, the plaintiffs again recovered judgment.
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Appeal from Ellis. Tried below before the Hon. H. Barksdale. This case was before the supreme court on a former appeal. Graham v. Hawkins, 38 Tex., 628. The report in that case gives a history of the facts upon which the controversy exists. On a second trial, and in which the defendant Graham alone is interested in a tract purchased, the plaintiffs again recovered judgment. On the trial the grant by-probate court of Bowie county of letters of administration on estate of Y. M. Sublett to Martin Glover was shown; bond and oath of office; inventory and sale of personal property; application for…
1Opinion of the CourtA. S. Walker, J.
1. We are not prepared to say that there was error in the action of the court touching the admission of the administration deed. The lapse of time from its date certainly adds weight to the presumption against irregularity in the proceedings. The order of sale was made in July, 1844; the trial below was had October, 1874; an interval of over thirty years existing between the act and the adjudication upon its effect. Besides, we do not see that the order was necessarily void for uncertainty. The two leagues may have been all the surveyed lands of the estate included in the order west of the…
2Cases cited8 opinions
- Peters v. ClementsTexas Supreme Court · 1876
- Cooke v. BremondTexas Supreme Court · 1864
- Wethered v. BoonTexas Supreme Court · 1856
- Roosevelt v. DavisTexas Supreme Court · 1878
- Robertson v. GuerinTexas Supreme Court · 1878
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3Cited by2 opinions
- Kenedy Pasture Co. v. StateCourt of Appeals of Texas · 1917
- Kenedy Pasture Co. v. StateCourt of Appeals of Texas · 1917