The Encyclopedic Digest of Texas Reports (Civil Cases): Being a ..., volume 7
The Encyclopedic Digest of Texas Reports (Civil Cases): Being a ..., volume 7
Thomas Johnson Michie
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731; Ross v, Harbert, etc., Co., 1 App. Civ. Cases, § 1019. " 'The inventory is not intended to be conclusive, and no distinction is made between an inventory volun- tarily made, and one returned under the judgment of the court, as to its effect in evidence. Neither the one nor the other is conclusive.' (White V. Shepperd, 16 Tex. 163, 168.)" Davis V. Harwood, 70 Tex. 71, 73, 8 S. W. 58. "The statute (Hart. Dig., art. 1151) * * * does not make the right to show by proof the true state of the ti...tle, depend upon the knowledge or ignorance of the state of the title, by the party, at the time of returning the inventory. Its eflFect is to make the inventory, but prima facie evidence as against the party, that the title is as represented in the inventory. And so it would be, it is believed, on general principles. It is not an estoppel in deed: and to constitute it an estoppel in pais, the admission it contains must have been acted on by others, who would be prejudiced in consequence, were the party who made the admis- Digitized by Google 460 Executors and Administrators sion permitted to retract it.
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