Hudson v. Jurnigan

Citations

• 39 Tex. 579

Syllabus

<p>1. One-tliird of a land certificate was sold in 1842, by order of a probate court, to defray the expense of surveying and patenting the other two-thirds. The heirs who had gone into possession of the land thus secured brought suit in 1871 against the purchasers of the land covered by the one-third of the certificate thus sold, and who had been in possession for thirteen years. Held, that the claim of the heirs was stale, and they were estopped from attacking the jurisdiction of the probate court which made the order of sale.</p> <p>2. There is no restriction on the equitable jurisdiction of probate courts over minors and the estates of deceased persons except that imposed by positive statute.</p> <p>3. Statutes authorizing executors and administrators to sell land should be liberally construed.</p> <p>4. Probate courts have a jurisdiction in all cases over the estates of intestates, and any one acting on the faith of the judicial acts of such courts •will be protected.</p>