Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 311
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1875.] KLEINECKE V. WOODWARD. 311
Opinion of the Court.
For the error in the court in refusing to admit appellant to
bail upon sufficient sureties, the judgment is reversed. And it
is ordered that he be admitted to bail in the sum of seven
thousand five hundred dollars, etc.
H. A. L. LLEINECKE V. W. H. WOODWARD.
1. JURISDICTION-PROBATE COURT. Under the Probate Act of 1848, the
jurisdiction of the Probate Court was not dependent on the averment
in the petition for administration of facts, showing its necessity;
nor will the absence of any evidence of the presentation or approval or
existence of such claims against the estate, require such administration
to be held void; nor is it necessary to the validity of an administration
that the reason or necessity for administration appear of record.
2. LIMITATION. A suit was brought in 1874 by parties between thirtyeight
and forty years of age, against a purchaser at administrator's
sale, made twenty years before, of their father's estate, who had died
in 1851. Plaintiffs also alleging want of notice of such administration
and sale until the year suit was instituted. Held, that the plaintiffs'
cause of action was barred in two years after their majority, and so
that the action was barred.
3. BILL OF REVIEW-LIMITATION. Such suit brought by heirs to set aside
an administration sale of property sold by their father's administrator
on the ground of fraud, is in substance a bill of review, and barred in
two years, and in case of minors two years after their majority.
4. Qucere : Can an attorney of an administrator purchasing at his sale be an
innocent purchaser, when such sale is attacked for irregularities.
APPEAL from Calhoun. Tried below before the Hon. T. C.
Walter ilerriman, for appellants.
GOULD, J. Appellants, as heirs at law of their deceased
father, August Kleinecke, brought this suit, in August, 1854,
against Woodward, as the purchaser at an administration sale,
made by Henry Wilson, administrator of their father's estate,
of a German emigration 640 acre land certificate, claiming
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/319/: accessed April 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .