Gillenwaters v. Scott

Citations

• 62 Tex. 670
• 1884 Tex. LEXIS 307

Syllabus

<p>1. Probate sale.— An application to a probate court to sell land of an estate, which states no other reason for the sale thereof than that it should on account of its condition be sold with advantage to the estate, without stating any statutory ground, affords no reason for ordering such sale.</p> <p>2. Same — Administrator’s sale.—When, however, a sale of land belonging to an estate was made on such an application, under the act of August 15, 1870, which was silent as to stating in the application the necessity for the sale, and it appeared that at the time debts against the estate existed, which the purchase money realized did not satisfy, and that the estate was honestly administered, such a sale Was not void, and its confirmation by the court, under facts existing which authorized it, passed with the administrator’s deed the title to the purchaser.</p> <p>3. Same — Collateral attack.— Jurisdiction having attached, if the sale was believed by those interested to have been improperly ordered, the remedy was by a direct proceeding to have the order set aside; failing in this no relief can be afforded by a collateral attack made in a proceeding against the purchaser.</p> <p>4. Same — Statute construed.— This decision is made without reference to what would be regarded as the requisites of a valid probate sale of lands, under laws now in force.</p>