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Statement of the case. which amounted to a confirmation of that
sale. The evidence further shows that the purchase money was paid,
and though the purchasers secured no deed from the administrator,
those proceedings prima facie vested in them the title of the
estate sufficiently to support an action of trespass to try title
against a trespasser. Rock v. Heald, 27 Tex., 524; Brown v.
Christie, id., 73; Flanagan v. Pierce, id., 79. Whether it would be
sufficient to defeat that and establish the nullity of the sale,
notwithstanding the order of confirmation, to show that it was made
privately and that the order of confirmation was made with
knowledge of that fact, is a question of importance and difficulty
which has not been sufficiently discussed to make it incumbent on
the court to decide it, although it may possibly prove to be the
question on which the case will ultimately turn. The judgment is
reversed and the cause remanded. Reversed And Remanded. [Opinion
delivered December 14, 1880.] Thos. A. Baber v. F. M. Brown. (Case
No. 2616.) 1. Service Op Citation.? An alias citation issued to a
county before an amendment of the pleadings, alleging the residence
of the defendant to be in that county, is valid, and when returned
with proper service, the defendant is in default if he fails in
proper time to answer. 2. Distinguished.? Distinguished from Ward
v. Latimer, 2 Tex. Error from Comanche. Tried below before the Hon.
J. P. Osterhout. Suit was brought by F. M. Brown, the defendant in
error, in the district court of Comanche county. The 5 4 991 Nl 498
Opinion of the court. petition alleged that "the plaintiff is a
resident of Co- manche county, and the defendant, Thos. A. Baber, a
resident of Washington county, Texas; that the defendant is ind...
General Books LLC
|Country of origin:
Texas Supreme Court
||246 x 189 x 13mm (L x W x T)
||Paperback - Trade
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