The Texas Reports; Cases Adjudged in the Supreme Court Volume 10

The Texas Reports; Cases Adjudged in the Supreme Court Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 edition. Excerpt: ...the State Courts, could nullify the decrees " and judgments, property would be unsettled to an extent, far " more distressing than can grow out of land titles emanating " from different sovereignties." And to some point the case cited by the Court decided in the 4 Ohio R. of the lessees of Goforth v. Longworth. "It is held to be well settled that '_' Courts give aliberal construction to statutes, authorizing " sales of real estate, by executors and administrators. Pub" lic policy requires that all reasonable presumptions should be " made, in support of such sales, especially respecting matters " in pais. The number of titles thus derived, and the two " frequent inaccuracy of Clerks and othersconcerned in effect" ing these sales, render this necessary. If a different rule " prevailed, purchasers would be timid, and estates consequent" ly be sold at a diminished value, to the prejudice of heirs and "creditors." And it might be urged, with great propriety, that it is time these questions should be explicitly settled by this Court; for the doubt that exists in the minds of many already, has, and at this time does effect the sale of property sold, by executors and administrators. I have never doubted the legality of a sale made under like circumstances of the case before the Court; but I must say that I have oftener heard it doubted by members of the bar. And this raises doubts in the minds oi the people generally. And consequently, this very fact affects the price of property, sold by order of the Probate Court, no difference under what circumstances. In relation to the question, raised by the plaintiff, as to the mode of valuation, it is more

Product details

  • Paperback | 204 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236790790
  • 9781236790798