Atchison v. Smith
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Peter W. Gray. This was a suit commenced by W. R. Smith,' W. Alexander and Henry Austin, executors of the will of Henry Austin, deceased, on the 19th day of March, 1856, against D. D. Atchison and 0. A. Bulkley on three promissory notes executed on the 7th day of March, 1854, to the plaintiffs as executors, amounting to $7685 40, payable twelve months after date, given for property purchased at a sale by said executors.
Read the full summary
Appeal from Galveston. Tried below before the Hon. Peter W. Gray. This was a suit commenced by W. R. Smith,' W. Alexander and Henry Austin, executors of the will of Henry Austin, deceased, on the 19th day of March, 1856, against D. D. Atchison and 0. A. Bulkley on three promissory notes executed on the 7th day of March, 1854, to the plaintiffs as executors, amounting to $7685 40, payable twelve months after date, given for property purchased at a sale by said executors. The defendants filed their answer, setting up as a defence that they are the owners by assignment, made to them in May,…
1Opinion of the CourtRoberts, J.
This was an action by appellees against appellants upon promissory notes given for property purchased at executor’s sale.
Appellants filed a cross action and set off, setting forth that they had acquired, by assignment, a large debt due from the estate, which constituted a lien upon the lands of the estate that had been sold for the notes sued on; that this lien had priority over the other debts of the estate, and was for a greatly larger amount than the notes sued on, that the estate owed debts to but few persons, and the whole estate could be easily settled and distributed by bringing in the…
2Cited by9 opinions
- Lauraine v. AsheTexas Supreme Court · 1917
- Lauraine v. AsheTexas Supreme Court · 1917
- McLaughlin v. WinnerWisconsin Supreme Court · 1885
- Fryckberg v. ScottCourt of Appeals of Texas · 1919
- Tyson v. Union Central Life Ins. Co.Court of Appeals of Texas · 1932
4 more not listed; retrieve them via the Exa API.