Harris v. Graves
Texas Supreme Court
Error from Grimes. Tried below before the Hon. P. W. Gray. The plaintiffs in error, as the next of kin and heirs of Jesse Harris, instituted this suit against the defendant in error, for the purpose of removing clouds from their title to one-third of -a league of land, and to quiet them in. the possession thereof.
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Error from Grimes. Tried below before the Hon. P. W. Gray. The plaintiffs in error, as the next of kin and heirs of Jesse Harris, instituted this suit against the defendant in error, for the purpose of removing clouds from their title to one-third of -a league of land, and to quiet them in. the possession thereof. The plaintiffs set forth in their petition that Jesse .Harris, whose heirs they were, came to Texas with Fannin from the United States, as a volunteer soldier, and served under and fell with him at the massacre of Goliad in 1836; that in 1837 one Richard Rutledge obtained letters of…
1Opinion of the CourtBell, J.
We are of opinion that there is error in the judgment of the court below, for which it must be reversed. The court below instructed the jury as follows: “If you believe from the evidence that Rutledge acted at the request of Harris’ father in becoming administrator, then it was not necessary to have the written consent of the other heirs in order to make a sale,” &e. The administration of the estate of Jesse Harris was granted to Rutledge in 1837, therefore the 1st section of the Act of January *58014th, 1841, (Hartley’s Dig., art. 1058,) has no application to this case. But the second section of…
2Cited by2 opinions
- Morris v. HalbertTexas Supreme Court · 1872
- McMaster v. ChildressCourt of Appeals of Texas · 1895