Legal Opinion

Callahan v. Houston

Texas Supreme Court

Decided November 14, 1890No. 3238PublishedCited by 24 opinions

Appeal from Hopkins. Tried below before Hon. W. 0. Jones, Special District Judge. This was an action of trespass to try title, brought by C. M. Houston and his wife Nancy Houston against defendant Callahan for a tract of land alleged to be the separate property of said Nancy Houston.

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Appeal from Hopkins. Tried below before Hon. W. 0. Jones, Special District Judge. This was an action of trespass to try title, brought by C. M. Houston and his wife Nancy Houston against defendant Callahan for a tract of land alleged to be the separate property of said Nancy Houston. Callahan demurred, pleaded not guilty, and specially that Houston and wife had sold the land to one W. M. Payne on October 31,1801, for $300, $92.33-3- of which was paid in cash and $207.66f was secured by a promise that .might be discharged in legal services. This conveyance was by title bond. Appellant claims…

1Opinion of the Court

STAYTON, Chief Justice.

—This action was brought by C. M. and Haney "Houston, husband and wife, to recover the land in controversy in the separate right of the wife.

Mrs. Houston died a short time before the trial, and C. M. Houston suggested her death and stated that he had been appointed temporary administrator of her estate, and that in the appointment he was empowered to prosecute this action.

It is insisted that a temporary administrator, notwithstanding the court appointing him may have authorized him to prosecute an action such as this, has no power to do so.

*497The statute does not provide…

2Cases cited2 opinions

  1. Bitner v. New York & Texas Land Co.Texas Supreme Court · 1887
  2. Ruleman v. PritchettTexas Supreme Court · 1882

3Cited by24 opinions

  1. Kahn v. KahnTexas Supreme Court · 1900
  2. Chapman v. PettusCourt of Appeals of Texas · 1925
  3. Watts v. BruceCourt of Appeals of Texas · 1903
  4. Shropshire v. Alvarado State BankCourt of Appeals of Texas · 1917
  5. Swearingen v. ReedCourt of Appeals of Texas · 1893

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