Scott v. Lyons, Solomon & Co.
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. L. 0. Alexander. Scott brought this suit against Lyons, Solomon & Oo. in trespass to try title to a lot in the town of Marlin, By amendment, he claimed through a judgment recovered by Wm.
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Appeal from Falls. Tried below before the Hon. L. 0. Alexander. Scott brought this suit against Lyons, Solomon & Oo. in trespass to try title to a lot in the town of Marlin, By amendment, he claimed through a judgment recovered by Wm. S. Fridge against Elizabeth Johnson and others for $1,000 and costs, rendered in the district court of Guadalupe county November 13, 1860, the issuance of several executions thereon, Fridge’s death, and the appointment of Scott as administrator; the issuance of an execution in the name of Scott as such administrator, levy, sale, and sheriff’s deed to him. Also…
1Opinion of the Court
Watts, J. Com. App. —
After the death of the sole plaintiff an execution could issue on the judgment in behalf of his administrator only upon his complying with the statute. It is the settled law of' this state that the filing with the clerk of the affidavit of the death of the plaintiff, and the certificate of the appointment of an administrator, are conditions precedent.to the authority of the clerk to issue an execution upon the judgment in the name of the administrator. Holman v. Ohevaillier, 14 Tex., 338; Fowler v. Burdett, 20 Tex., 34. And, as there are conditions precedent to authorize…
2Cases cited1 opinion
- Fowler v. BurdettTexas Supreme Court · 1857
3Cited by6 opinions
- Blanks v. RadfordCourt of Appeals of Texas · 1945
- Geophysical Data Processing Center, Inc. v. CruzCourt of Appeals of Texas · 1978
- Bordages v. HigginsCourt of Appeals of Texas · 1892
- Andrews v. LindleyCourt of Appeals of Texas · 1948
- Blanks v. RadfordCourt of Appeals of Texas · 1945
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