Legal Opinion

Hurley v. Barnard

Texas Supreme Court

Decided July 1, 1877PublishedCited by 20 opinions

Appeal from Hopkins. Tried below before the Hon. Green J. Clark. Cave J. Hurley, as the heir of Thomas N. Hurley, deceased, brought suit at the December Term, 1872, of the District Court of Hopkins county, against E. H. Barnard and others, to recover a tract of 307 acres of land.

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Appeal from Hopkins. Tried below before the Hon. Green J. Clark. Cave J. Hurley, as the heir of Thomas N. Hurley, deceased, brought suit at the December Term, 1872, of the District Court of Hopkins county, against E. H. Barnard and others, to recover a tract of 307 acres of land. The defendant claimed title under a deed from Roane, the administrator of the estate of T. N. Hurley, made, as was claimed, in pursuance of an order of the Probate Court of Hopkins county, at the February Term, 1857. The replication of plaintiff alleged that the deed conveyecl.no title, because,—First, the pretended…

1Opinion of the Court

Moore, Associate Justice.

It cannot be disputed, that the copy of the record from the Probate Court of Hopkins county, given in evidence by appellees, over appellant’s objection, shows that the administration upon the estate of Thomas H. Hurley, deceased, appellant’s father, was conducted in quite a loose and informal manner; and that many glaring irregularities and errors are exhibited in the action of the court, as well as by the administrator in the course of said administration. But however readily we may concede that there is manifest error in the proceedings and orders of the court under…

2Cases cited4 opinions

  1. Alexander v. MaverickTexas Supreme Court · 1856
  2. Davis v. TouchstoneTexas Supreme Court · 1876
  3. Finch's heirs v. EdmonsonTexas Supreme Court · 1853
  4. Tinsley v. BoykinTexas Supreme Court · 1877

3Cited by20 opinions

  1. Crawford v. McDonaldTexas Supreme Court · 1895
  2. Hermann v. LikensTexas Supreme Court · 1897
  3. Lyne v. SanfordTexas Supreme Court · 1891
  4. Ryan v. FergussonWashington Supreme Court · 1891
  5. McCardell v. LeaTexas Supreme Court · 1921

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