Kerr v. Hutchins
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. L. Lindsay. W. J. Hutchins, the appellee, filed Ms suit in the District Court of Colorado county against Sarah B. Mercer, executrix of her late husband, Levi Mercer, deceased, alleging that Mercer owed Mm a note of $3,092.82, with ten per cent, interest, bearing date in October, 1861; that he had made a will, and appointed his wife, the said Sarah B. Mercer, executrix, without security and independent of the Probate Court,…
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Appeal from Colorado. Tried below before the Hon. L. Lindsay. W. J. Hutchins, the appellee, filed Ms suit in the District Court of Colorado county against Sarah B. Mercer, executrix of her late husband, Levi Mercer, deceased, alleging that Mercer owed Mm a note of $3,092.82, with ten per cent, interest, bearing date in October, 1861; that he had made a will, and appointed his wife, the said Sarah B. Mercer, executrix, without security and independent of the Probate Court, according to the statute respecting independent wills, &c. The said executrix failed to give any bond as such executrix,…
1Opinion of the Court
Roberts, Chief Justice.
To maintain this suit, it was incumbent on the plaintiff, Hutchins, to show that he had a valid claim against Sarah B. Mercer, as executrix of the will of her husband, Levi Mercer, deceased; that as to his said debt, the mortgage of A. B. Kerr upon the property in her hands, was fraudulent; and that this fraudulent incumbrance was a substantial impediment to the collection of his said debt.
Hpon establishing these facts, the extent of the plaintiff’s remedy was to obtain a judgment against the executrix, for the amount of his debt, a decree against A. B. Kerr, that his…
2Cases cited2 opinions
- Briscoe v. BronaughTexas Supreme Court · 1846
- Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
3Cited by10 opinions
- Quinn v. DupreeTexas Supreme Court · 1957
- A. Peiser & Co. v. PeticolasTexas Supreme Court · 1879
- Dodd v. GainesTexas Supreme Court · 1891
- Byrd v. HaulCourt of Appeals for the Eighth Circuit · 1912
- Mitchell v. Western Union Telegraph Co.Court of Appeals of Texas · 1896
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