Guilford v. Love

Citations

• 49 Tex. 715

Syllabus

<p>1. Partial records in probate proceedings.—A .certified copy of proceedings had in the Probate Court in an estate, is admissible, it relevant, so far as it goes. It is not rendered incompetent because not complete, or because other proceedings may control its effect.</p> <p>2. Construction of orders in same administration.—A sale under an order of the Probate Court, of a tract of land, does not convey to the purchaser an interest in the tract inconsistent with an interest therein recognized by the same court in proceedings had in the estate. The probate sale only conveyed the interest of the estate.</p> <p><3. Trespass to try titled—Title.—In such action, plaintiff, on showing title either in severalty or in common with others not joined in the suit, can recover against a mere trespasser.</p> <p>4. Specific performance in Probate Court.—It seems that in proceedings to enforce a written contract for sale against an estate, in the Probate Court, under the Probate act of 1848, it was not necessary that the heirs be made parties, and be cited, as was required in the final partition.</p> <p>5. Same.—Such proceedings have been recognized as valid, in the absence of service on the heirs. (George v. Watson, 19 Tex., 369.)</p> <p>6. Construction of order of Probate Court.—An order in the Probate Court declaring “ that D is entitled to one-half of said league of land,” evidences an adjudication in the court upon the subject; as do the words it “having been shown to the satisfaction of the court ” import a trial.</p> <p>7. A FAILURE TO PERFECT A PARTITION WILL NOT AVOID THE DECREE awarding IT.—After such adjudication, and after a commission to make partition in accordance therewith had made their report, the court ordered that the administrator make de.ed for the half set apart within one month : Held, That the failure of tire administrator to make such deed did not avoid the adjudication as to the extent of the interest. -</p> <p>8. Jurisdiction of Probate Court.—In a case