Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 55
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1884.] ANDERSON v. STOCKDALE. 55
Statement of the case.
He alleged in his petition that Mrs. Anderson's will, dated May
30, 1860, and probated May, 1866, appointed F. Jones and F. S.
Stockdale joint executors, and that F. Jones died before the testatrix,
and that because of the grant of a joint power by the will to
the two executors, Jones and Stockdale, Stockdale alone could not
exercise the powers conferred by the will. The will authorized administration
outside the probate court. The property devised to
plaintiff and named in the will was, first, two leagues of land in
Nueces county, upon which the city of Corpus Christi is situated,
originally granted to Levi Jones, assignee of Jose M. Bargas and
Maguel Basques. The title to these leagues passed into I. Temple
Doswell. They were by him recovered from adverse claimants by
suit in supreme court of United States, and afterwards on the 20th
of November, 1859, conveyed by Doswell to Mrs. Sarah F. Anderson.
2. A three-eighth interest, undivided, in sixteen leagues of land in
Calhoun county, including the city of Indianola, now controlled by
the Indianola City and Lan mand -Cthe title to which originated
in Peter W. Grayson, who was common source of title--
passed subsequently in part to Albert T. Burnley, from whom Mrs.
Anderson derived her title by deed dated April 19, 1852, duly
3. A three-eighth undivided interest in one league of land in
Jackson county, originally granted to L. Mansa, title to which also
came to Mrs. Anderson through the deed of April 19, 1852, from
A. T. Burnley.
4. Twelve lots in La Salle, and household furniture, etc.
The petition further alleged that Stockdale became executor of
Mrs. Anderson's will in 1866, and without legal authority proceeded
to exercise the powers conferred by the will.
That the will mentioned the property sued for, was duly recorded,
and was notice to the world of plaintiff's rights to the property
That Stockdale filed no inventory, as required by law to do, and
never accounted either to the probate court or to plaintiff, and refused
to settle with plaintiff after he attained his majority, on 29th
of April, 1868.
That Stockdale as executor, without authority under the will,
conveyed to one W. R. Johnson on 27th of July, 1868, plaintiff's
three-eighths of fifteen of the leagues of land in Calhoun county.
(This title subsequently returned and vested in the Indianola
City and Land Company before this suit was brought.)
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth28512/m1/77/: accessed May 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .