Erskine v. De la Baum
Texas Supreme Court
— Appeal from Bexar County. This was a suit brought by the appellees (complainants in the court below) to obtain the rescission of a sale of three leagues of land which apart of the heirs of Joseph De la Baum had sold to the appellant, Erskine, in 1844, on the alleged ground of fraudulent representations made by Erskine, at the time of the sale, and on account of inadequacy of the price paid.
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— Appeal from Bexar County. This was a suit brought by the appellees (complainants in the court below) to obtain the rescission of a sale of three leagues of land which apart of the heirs of Joseph De la Baum had sold to the appellant, Erskine, in 1844, on the alleged ground of fraudulent representations made by Erskine, at the time of the sale, and on account of inadequacy of the price paid. The bill also sought to set aside the sale of a house and lot in the city of San Antonio, which had previously been sold under an order of the probate court of Bexar county, as the property of said…
1Opinion of the CourtJustice Lipscomb
The questions to be discussed in this case are:
Can an administrator purchase from an heir of his intestate his interest in the lands belonging to the succession ?
Can the vendor, under such circumstances, at his option, set aside a purchase and sale so made, without showing any fraud on the part of the administrator in procuring such purchase?
There are supposed to have been decisions on the questions here presented, both in England and America, not easily to be reconciled; and the difficulty seems to have arisen in determining whether the parties are to be considered as occupying and standing…
2Cited by13 opinions
- Allen v. GilletteSupreme Court of the United States · 1888
- Bacon v. SchepflinIllinois Supreme Court · 1900
- Nabours v. McCordTexas Supreme Court · 1904
- Connolly v. HammondTexas Supreme Court · 1879
- Whitsel v. HooverCourt of Appeals of Texas · 1938
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