Edwards v. Halbert

Citations

• 64 Tex. 667

Syllabus

<p>1. Probate — Jurisdiction — Innocent purchaser.— A sale of land belonging to a deceased minor’s estate was made to satisfy the debts of the estate; the proceedings were all regular and under the order of the probate court of D. county. Afterwards one of the heirs brought a bill of review in the probate court of D. county to correct the orders made in that court, on the ground that, when letters of administration were granted in D. county, there was pending a decree of the district court of A. county, fully adjusting all rights and interests in the estate; that at that time an appeal to the supreme court was pending, taken by that heir against the administrator, who, as guardian of the deceased minor, was settling up his account in that court, and that the latter fraudulently procured administration in D. county for the purpose of preventing the decree of the court of A. county from being enforced. Held:</p> <p>(1) That the county court had jurisdiction to review and set aside its orders in a proper case; and as between the parties whose interests were involved in the litigation, on the case as it was made and presented, the county court did not have jurisdiction to grant letters of administration. Fortson v. Alford, 63 Tex., 576.</p> <p>(3) That the jurisdiction of the county court in the abstract, over the subject-matter, could not be questioned. The statute itself recognizes the administration of the estate of the deceased ward, etc. R. S., arts. 3683, 8683, 3686.</p> <p>(3) That as to third persons, strangers to the litigation in A. county, the administration in D. county was not a nullity.</p> <p>(4) That since the sale was made prior to the filing of suit to set aside the proceedings in the county court of D. county, it gave a good title to the purchaser, unless he had notice of the facts which questioned the jurisdiction of the court.</p> <p>(5) That if the purchaser had notice of such facts, still his vendee would be protected in case he paid a valuable co