Erhart v. Bass

• Court: Texas Supreme Court
• Writing for the Court: GOULD
• Citation: Erhart v. Bass, 54 Tex. 97 (Tex. 1880)
• Decision Date: 14 December 1880
• Docket Number: Case No. 894.
• Parties: E. P. ERHART v. T. C. BASS ET AL.

54 Tex. 97

E. P. ERHART

v.T. C. BASS ET AL.

Case No. 894.

Supreme Court of Texas.

Dec. 14, 1880.

APPEAL from Grayson. Tried below before the Hon. M. Lindsay.

Suit by E. P. Erhart, appellant, in trespass to try title. The plaintiff claimed the land under a sale made by the administrator of the estate of Nicholas Boyles, deceased.

The petition of the administrator was for an order to sell at private sale. The order was granted to sell at private or public sale. The report of sale was silent as to whether it was made privately or publicly. The court simply approved the account of the administrator, in the following order, viz.:

“Now comes J. B. Erhart, administrator of Nicholas Boyles, deceased, by H. H. Gaines, his attorney, and presents his account of sales of the property belonging to the estate of deceased, authenticated in accordance with law, and asks the court to approve of said sale; also prays for a final settlement of said estate, and that he be discharged from any further duties or liabilities as administrator of said estate. The court having examined said account presented by the said J. B. Erhart, administrator as aforesaid, and find it regular and authenticated in accordance with law, approved the same,” etc., proceeding to make order disposing of the assets on hand, including money realized from the sale.

J. Gunter, for appellant.

Throckmorton & Brown, for appellee.

GOULD, ASSOCIATE JUSTICE.

In our opinion, the transcript of the probate proceedings of the county court of Wise county showed a valid administration on the estate of Boyles, an order of sale of the land in controversy...