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: 312
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312 ELEINECKE V. WOODWARD. [Term of
Opinion of the Court.
that the administration and sale were void. The averments
of the petition are: that Wilson's application for letters, which
was filed by defendant or his attorney, showed no reason for
administration; that as a matter of fact no claims against the
estate were allowed or approved, or known to exist; and from
these facts is inferred the nullity of the administration and of
all proceedings thereunder. It was further averred that the
petition of the administrator for the sale of the land certificate
was not accompanied by any statement in writing of the estimated
expenses of administration or of the claims against the
estate, was not verified by affidavit, and that the only reason
given therein for the sale was that the certificate constituted
the only effects of the estate; that it was worthless unless
patented; and that the estate had no other means of paying
the fees for patenting or the expenses of administration.
Combination between defendant and Wilson, and that defendant
caused said sale and administration for the purpose of procuring
title to said certificate for a nominal price, were also
alleged as a ground for having the sale annulled, in order that
the claim on the plaintiff's title to the land, patented in the
lname of the heirs of August Kleinecke, might be revoked.
The defendant, besides a general denial and limitation,
plead that the action was in the nature of a Bill of Review,
and was not commenced within two years from the date
of the proceedings.
By an amendment, plaintiffs set up their minority at the
time of sale, alleging their respective ages to be thirty-eight
and forty at the date of the amendment, and stating that
they knew nothing of the existence of the certificate or of the
patent until 1874.
Exceptions to defendant's plea of limitation were sustained,
and a jury being waived and the cause submitted to the court, the
evidence was heard and judgment rendered in favor of defendant.
The evidence shows the facts as to the contents of the petition
for letters and sale to be as stated by plaintiffs; that the
certificate was appraised at one hundred dollars; was sold
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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/m1/320/: accessed October 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .