James v. Corker

Citations

• 30 Tex. 617

Syllabus

<p>Where two mortgages existed on a tract of land belonging to the intestate- and the land was sold to satisfy the first, after which it was agreed between the administrators and the purchaser that he should extinguish both mortgages, the aggregate of which exceeded his 'bid $6,000, in consideration ■whereof the administrators agreed to make the purchaser a deed immediately, instead of the deed with a twelve months’ mortgage, as originally ordered, which facts being brought to the county court by the petition of the purchaser, and the deed, upon the releases of the mortgage, ordered by the court, the arrangement was within the power of the administrators and the county court, and the administrators could not be heard in the district court to assail the arrangement,-on the ground that they might lose their commissions on the amount of the sale. (Paschal’s Dig., Arts. 1319, 1327, 1333,1339.)</p> <p>Where property was sold upon the petition of a mortgage creditor, and an arrangement made with the purchaser whereby he extinguished that mortgage and a second, in satisfaction of his bid, the two mortgages exceeding the bid, $6,000, the administrators were not absolutely entitled to the commissions prescribed by the statute, but to such allowance as the county court might order. (Paschal’s Dig., Art. 1340, Note 502.)</p>