Davis v. Touchstone

Citations

• 45 Tex. 490

Syllabus

<p>1. Admtnistbation — Sale.—The fact that a sale of land belonging to an estate was ordered, on the petition of the administrator, to enforce a lien thereon, under the probate law of 1848, does not affect the title of the purchaser.</p> <p>2. Administrator’s sale — Land.—The provision of the statute requiring the order for the sale of property of an estate, to describe the property, like the provision requiring the application of the administrator to be accompanied by an estimate of expenses and claims, and to be verified by affidavit, must be regarded as directory.</p> <p>3. Administration — Purchaser.—After confirmation of an administrator's sale to one purchaser, it is competent for the court to change the order, and confirm the sale in the name of a different purchaser, with the consent of him to whom the sale was first confirmed. In the absence of evidence to the contrary, such consent will be presumed.</p> <p>4. Description, certainty of. — See case of a description of land in a deed by an administrator, held sufficient.</p>