Ferguson v. Ferguson

• Decision Date: 24 March 1948
• Docket Number: No. 9707.,9707.
• Citation: 210 S.W.2d 268
• Parties: FERGUSON v. FERGUSON et al.
• Court: Texas Court of Appeals

210 S.W.2d 268

FERGUSON v. FERGUSON et al.

No. 9707.

Court of Civil Appeals of Texas. Austin.

March 24, 1948.

Rehearing Denied April 14, 1948.

Appeal from District Court, Bell County; D. W. Wilcox, Judge.

Suit by Alex M. Ferguson and wife against James E. Ferguson and others for partition of realty wherein upon the death of his wife, Alex M. Ferguson, as administrator of her estate, was made a party plaintiff. From a judgment finally closing the receivership established for the property involved, Alex M. Ferguson, administrator, appeals.

Judgment affirmed.

See also, Tex.Civ.App., 189 S.W.2d 880.

Alex M. Ferguson, in pro. per.

Clem C. Countess, of Belton, and T. R. Odell of Haskell, for appellees.

HUGHES, Justice.

This suit was originally filed by A. M. Ferguson and wife, Hallie H. Ferguson, for partition of 150 acres of land in Bell County, Texas, the community property of James E. Ferguson, who died intestate in 1876, and his wife, Fannie P. Ferguson, who died intestate in 1915. Hallie H. Ferguson died pending trial and A. M. Ferguson, as administrator of her estate, was made a party plaintiff.

A receiver for the properties was appointed in July 1934, which receivership continued until August 11, 1947, when it was finally closed by the order and judgment from which this appeal was taken.

All matters and issues involved in the original suit have been disposed of by final judgments of the trial court and this court. See Ferguson v. Ferguson, Tex.Civ.App., Austin, 181 S.W.2d 601, Writ Refused WM; Ferguson's Estate v. Ferguson, Tex.Civ.App., Austin, 189 S.W. 2d 441, Writ Refused WM, and Ferguson v. Ferguson, Tex.Civ.App., Austin, 189 S. W.2d 442.

This appeal is by A. M. Ferguson as administrator of the estate of Kate F. Morton, deceased, and as administrator of the estate of Hallie H. Ferguson, deceased. It was adjudicated in the case cited first above that the estate of Kate F. Morton has no interest in this property and such estate is therefore not a proper party to this proceeding.

Appellant requested and was denied a jury. This was not error. Property in the hands of a receiver is in custody of the law; its management and control is that of the court. Intervention of a jury upon such issues as were before the court in this case would transfer such control and management from the court to the jury. This is not to be countenanced. McHenry v. Bankers Trust Co., Tex.Civ. App., Galveston, 206 S.W. 560, Writ Refused. See also Cocke v. Southland Life Ins. Co., Tex.Civ.App., El Paso, 75 S.W. 2d 194, Writ Refused.

Appellant filed what is styled "Motions, exceptions and objections," to the final report of the receiver. This pleading is 278 pages long, and, upon motion of appellees, was stricken. Appellant is not an attorney and was not represented...