Veal v. Fortson

Citations

• 57 Tex. 482
• 1882 Tex. LEXIS 171

Syllabus

<p>1. Suit by heir — When maintainable, and how objected to.— The objection that the petition of one who sues as heir does not show that there was no administration, and no necessity for administration, cannot be taken by a motion in arrest of judgment; nor is such objection, if properly taken, valid, when the object of the suit is to cancel the conveyance or unauthorized will of the deceased.</p> <p>2. Voluntary conveyance by minor — Voidable by whom.—A conveyance by a minor made without consideration may be avoided by the sole heir of the minor, the latter having died before becoming of age.</p> <p>3. Conveyance—When a will—Undue influence — Guardian.— It is good ground to cancel a conveyance by a minor, that it was not to take effect until the minor’s death, or that it was procured by the undue influence of her guardian.</p> <p>4. Appellant — Practice in appellate court.— One who, by the order of the county court, was awarded relief embraced in his prayer, and on appeal to the district court was awarded the same relief, but in an enlarged degree, cannot in the supreme court complain of these orders.</p> <p>5. Death of ward — Effect of, on jurisdiction—Settlement of accounts of guardian.— The death of the ward does not deprive the county court of jurisdiction to settle the guardian’s accounts.</p> <p>6. Appeal from county court—Effect of consolidation of with original suit.— Where a case appealed from the county to the district court, and an original suit between the same parties, are by agreement consolidated and heard together, the district court has jurisdiction to make such order as the county court might have made, as well as to adjudicate the questions at issue in the suit originally instituted in that court.</p>