McGreal v. Jones

Citations

• 36 Tex. 673

Syllabus

<p>In August, 1839, pending an administration granted in June, 1838, on the estate of B., deceased, one M. brought suit in the District Court against A., the administrator. In October, 1839, the administrator reported the estate fully administered and the property partitioned among the widow and heirs, and the probate court passed an order discharging him from the administration and closing the estate. In October, 1840, xhe District Court rendered a judgment for four thousand dollars, in favor of M., and against A., as still the administrator of the estate. In 1850, the probate court appointed on the estate an administrator de bonis non, who, for the purpose of satisfying M.’s judgment, obtained an order to sell a tract of land which had been inventoried by the first administrator, and had been partitioned between the widow and the heirs, under order of the court in 1839; and at the sale of the administrator de bonis non, the land was purchased by the plaintiff, who brings trespass to try title against defendants, who claim under the widow and heirs. Held, that even if the estate had not been fully administered by the original administrator, yet, after the lapse of twelve years, it was too late for the probate court to reopen the succession for the purpose of letting in the then dormant judgment of M. Equities, however, might be such as to prevent the application of this principle.</p>