Chavez v. Gallup

Chavez’ claim against the estate of John C. Gallup was allowed by the county court as of the first class. On appeal to the district court it was allowed as of the fifth class, so he brings error. His proposition is that the deceased received the money constituting the claim as trustee.

The dominant facts are these: John C. Gallup was trustee in an ordinary deed of trust securing a note for $8,000, dated in 1913, payable January 1, 1917,'to John C. Gallup & Company at their office. He sold the note to Chavez and from time to time collected and remitted the interest to him. It was not paid at…