Legal Opinion

Cone v. Crum

Texas Supreme Court

Decided December 16, 1879PublishedCited by 4 opinions

Appeal from Anderson. Tried below before the lion. E. S. Walker. Suit was brought by William Cone, as administrator of the estate of W. E. Crum, against W. H. Crum, in the District Court of Anderson county, on March 28, 1878, in which he sought to set aside a claim against the estate of his intestate which he had allowed, for $141.65, on January 24, 1878, and which the county judge had approved on February 2,1878, in favor of appellee.

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Appeal from Anderson. Tried below before the lion. E. S. Walker. Suit was brought by William Cone, as administrator of the estate of W. E. Crum, against W. H. Crum, in the District Court of Anderson county, on March 28, 1878, in which he sought to set aside a claim against the estate of his intestate which he had allowed, for $141.65, on January 24, 1878, and which the county judge had approved on February 2,1878, in favor of appellee. Appellant sought to have that judgment set aside upon two grounds: 1st. That the claim, being an open account, was barred by the statute of limitations at the…

1Opinion of the Court

Bonner, Associate Justice.

This is a suit brought by William Cone, administrator of W. It. Crum, deceased, against William H. Crum, to set aside the allowance of a claim in his favor made by the plaintiff as such administrator, and which had been approved by the county judge. Belief was sought on the ground that the claim was allowed and approved through mistake, when the same wras barred by the statute of limitations. The demurrer to the petition was sustained and the cause dismissed.

Although, as a general rule, an administrator cannot revive a claim against an estate which is barred by the…

2Cases cited3 opinions

  1. Eccles v. DanielsTexas Supreme Court · 1856
  2. Moore v. HillebrantTexas Supreme Court · 1855
  3. Jones' Adm'r v. UnderwoodTexas Supreme Court · 1853

3Cited by4 opinions

  1. Howard v. JohnsonTexas Supreme Court · 1888
  2. Jackson v. StoneCourt of Appeals of Texas · 1913
  3. Kowalsky v. Superior CourtCalifornia Court of Appeal · 1910
  4. Judkins v. JamisonCourt of Appeals of Texas · 1935

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