Morris v. Halbert

Citations

• 36 Tex. 19

Syllabus

<p>1. Under the laws of this State, heirs may take the property of their deceased ancestor, and pay his debts, without bringing the estate within the jurisdiction of the probate court; and if, in pursuing this course, they sell portions of the property and make proper application of the proceeds to the payment of the debts, their acts are entitled to full faith and credit, as though they acted in the capacity of administrators or executors.</p> <p>2. Note the opinion in this case as to the conditions which must concur, to enable an administrator to obtain an order to sell, as assets, real estate which had been sold by the heirs previous to the grant of the administration.</p> <p>3. The doctrine that judgments cannot be collaterally impeached in other actions is not applicable to void judgments. They can always be impeached.</p>