Wright v. Heffner's Executors

Citations

• 57 Tex. 518
• 1 Tex. L. R. 534
• 1882 Tex. LEXIS 177

Syllabus

<p>1. Executors — Power to sell without order of court — Irregularities in sale.—Under the statutes in force in 1871, executors authorized by the will to sell, had power to sell lands without any previous order of court, it not appearing that the estate owed any debts; and such sale would not be void, though not made in strict conformity with the mode prescribed for administration sales, when made under order of court.</p> <p>2. Plea of failure of title—Requisites of.—Even if no title passed by the sale, the purchaser, who would make that defense to an action for the purchase money, should aver a restoration of the property, or offer to restore it, and to account for rents.</p> <p>3. Same.— See the opinion in this case for circumstances under which the defense that no title passed at an executor’s sale made for affair price, for the purpose of partition, and acquiesced in by the heirs, could not avail the purchaser, after the lapse of ten years.</p> <p>4 Administrator’s or executor’s sale — Vendor’s lien—Case overruled.— The failure to take a mortgage from the purchaser at a sale by au executor or administrator does not waive the vendor’s lien for the purchase money. The case of Autrey v. Whitmore, 31 Tex., 627, overruled on that point.</p> <p>5. Credit.— A credit on the purchase money note growing out of a transaction with the mother of a minor legatee, in which the note of the purchaser was substituted for the legacy due the minor, was rightly disallowed. The right of the minor to demand the legacy from the executors was not affected by such a transaction.</p> <p>6. Cas 3 discussed.— Autrey v. Whitmore, 31 Tex., 627, discussed.</p>