Lewis v. Ames

Citations

• 44 Tex. 319

Syllabus

<p>1. Deed of gift—Will.—A devise by will of land which had before been conveyed by deed of gift properly authenticated for record, executed by the testator to the devisee, creates no presumption that the deed of gift had never been delivered, or that it was not considered a valid instrument by the parties.</p> <p>2. Bed river municipality.—The municipality of Bed Biver had no defined limits until 1837, though recognized by the consultation of 1835.</p> <p>3. Jurisdiction.—When, from the uncertainty in the construction and execution of the laws and the facts pertaining thereto, the venue where jurisdiction should have been exercised over the estate of a decedent was in 1843 rendered uncertain, and all the parties interested in the estate acted upon and acquiesced in the assumption of jurisdiction by a county court which had jurisdiction of the subject-matter of estates, and jurisdiction over the particular estate was assumed by no other court at that time, such jurisdiction cannot now be called in question collaterally.</p> <p>4. Will cannot be attacked collaterally.—A will admitted to probate is presumed valid, and its invalidity can only be established in a direct proceeding bet ween the proper parties in interest instituted for that purpose.</p> <p>6. Administrator.—An administrator appointed in 1852 failed to give bond within twenty days after his appointment, but in giving bond thereafter his appointment was confirmed without objection from any source: Held, That in a collateral proceeding the mere irregularity of his appointment cannot bo held to vitiate his acts, otherwise legal, he having acted for a number of years.</p> <p>6. Evidence.—No portion of the transcript of the proceedings of an administration under which land was sold on account of the impracticability of partitioning without sale need be recorded in the county where the land is situate in order to permit the introduction of the transcript in evidence in a suit involving the title to the land.</p