McCampbell v. Henderson
Texas Supreme Court
Error from Sun Patricio. Tried below before the Hon. H. Clay Pleasants. This suit was brought October 12, 1864, by Henderson against Josephus Love, the father of the wards of plaintiff in error, to recover damages for a breach of contract made between them on the 12th of October, 1863, under wrhich defendant in error was to have one-third of the increase of the stock of horses belonging to Love for taking care of the same until the 1st day of March, 1866; which contract, he…
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Error from Sun Patricio. Tried below before the Hon. H. Clay Pleasants. This suit was brought October 12, 1864, by Henderson against Josephus Love, the father of the wards of plaintiff in error, to recover damages for a breach of contract made between them on the 12th of October, 1863, under wrhich defendant in error was to have one-third of the increase of the stock of horses belonging to Love for taking care of the same until the 1st day of March, 1866; which contract, he • alleged, was broken in the autumn of 1864, by Love taking possession of the stock forcibly and driving it out of the…
1Opinion of the Court
Moore, Chief Justice.
The death of a defendant in an action of debt, unquestionably, does not ipso facto abate the suit. It merely suspends it until the legal representative of the deceased defendant makes himself, or is made, a party.
When this is done the action proceeds, not as a new suit dating from its revival against the personal representative, but as an action pending from the date of its original institution against his intestate.
An heir can only be held liable for the debts of his anees*611tor to the extent of the estate which has descended to or vested in him. Ordinarily, the creditor…
2Cases cited2 opinions
- State v. LewellynTexas Supreme Court · 1860
- Love v. HendersonTexas Supreme Court · 1874
3Cited by37 opinions
- Estate of Pollack v. McMurreyTexas Supreme Court · 1993
- International Traveler's Ass'n v. BettisTexas Supreme Court · 1931
- Stewart v. HardieCourt of Appeals of Texas · 1998
- Leahy v. TimonTexas Supreme Court · 1919
- Edelstein v. J.M. BrownTexas Supreme Court · 1907
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