Harris v. Catlin
Texas Supreme Court
Appeal from Austin. Tried below before the Hon. Livingston Lindsay. In 1856, John O. Whitfield sold the land in controversy to Sarah S. Iiirby; the land was to he paid for in three installments. In 1860, S. S. Kirby, having paid part of the purchase-money, executed her promissory note to Whitfield for the balance due on the land.
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Appeal from Austin. Tried below before the Hon. Livingston Lindsay. In 1856, John O. Whitfield sold the land in controversy to Sarah S. Iiirby; the land was to he paid for in three installments. In 1860, S. S. Kirby, having paid part of the purchase-money, executed her promissory note to Whitfield for the balance due on the land. In 1862, Sarah Kirby died in possession of the land; and in 1863 Whitfield died, leaving T. B. White as his executor, who in 1864 presented the note to the administrator of Sarah Kirby’s estate for allowance, and the allowance was made. In 1869, Harris, who had…
1Opinion of the CourtWalker, J.
The appellant, as the administrator de bonis non of John O. Whitfield, commenced this suit in the form of an action of trespass to try title, on the 1st January, 1869. The case was disposed of on demurrer, and is brought by appeal to this court. Whitfield left a will nominating Thomas B. White his executor, and on 2d December, 1864, the latter presented a note to the administrator of Sarah S. Kirby’s estate for allowance, calling for three thousand three hundred and fifty dollars and fifty-nine cents. The note was allowed by the administrator, but it does not appear from the record that it…
2Cases cited1 opinion
- Wells v. MillsTexas Supreme Court · 1858
3Cited by4 opinions
- Matheson v. C-B Live Stock Co.Court of Appeals of Texas · 1915
- Coddington v. WellsTexas Supreme Court · 1883
- Harris v. CatlinTexas Supreme Court · 1880
- Clay v. HartTexas Supreme Court · 1878