Walker v. Burks

Citations

• 48 Tex. 206

Syllabus

<p>1. Injunction.—A general allegation, that an administrator, represented in a general way at a public sale of land claimed as belonging to the estate, that the estate had good title to the same, with nothing more alleged to show any deception intended or accomplished by the administrator, is not sufficient, in a petition by the purchaser, to authorize the issuance of an injunction to enjoin a sale of the land, under a trust deed, to satisfy the purchase-money notes.</p> <p>2. Offset.—See facts held insufficient to establish an offset to a note given at an administrator’s sale.</p> <p>3. Practice—Evidence.—F brought suit by injunction to restrain an administrator from selling land under trust deed to satisfy a note held by the administrator against F for the purchase-money; the note was described in F’s petition, and the facts of its execution stated. The administrator, in his answer, prayed for judgment on the note. At the trial, the injunction was dissolved, and, the cause being submitted to the court, a judgment was rendered for the administrator on the note, though the same was not offered in evidence : Held, That it was unnecessary for the administrator to set out the note, or formally declare on it in his answer, or to offer it in evidence, and there was no error.</p>