Walker v. Collins
Texas Supreme Court
Appeal from Williamson. Tried below before the Hon. E. H. Yontress. Suit by appellant, as administrator of tbe estate of R, McNutt, deceased, against Alexander S. Walker, administrator of the estate of A. J. Strickland, deceased, and against said Walker, in his own right, Evan Williams, and William Patter-on, on a joint and several promissory note, signed by said Strickland, Walker, Williams and Patterson; and on a mortgage on 640 acres of land, executed by Strickland, to…
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Appeal from Williamson. Tried below before the Hon. E. H. Yontress. Suit by appellant, as administrator of tbe estate of R, McNutt, deceased, against Alexander S. Walker, administrator of the estate of A. J. Strickland, deceased, and against said Walker, in his own right, Evan Williams, and William Patter-on, on a joint and several promissory note, signed by said Strickland, Walker, Williams and Patterson; and on a mortgage on 640 acres of land, executed by Strickland, to secure the payment, to the plaintiff, of the note sued on, which was given in consideration of the purchase of the…
1Opinion of the Court
Wheeler, Ch. J.
Conceding that it sufficiently appears by the petition, that the other makers of the note sued on, against whom the judgment was recovered, were sureties of the first signer, (Strickland,) he having died, the plaintiff might have sued the others, as sureties, without joining his administrator. (Sayles’s Pr. § 153; Scott v. Dewees, 2 Tex. Rep. 153.) A fortiori, might the sureties be sued, in such a case, where there was no administration upon the estate of the principal. And it is well settled, that where a defendant need not have been joined, and the liability of the other…
2Cases cited2 opinions
- Tarpley v. Poage's Adm'rTexas Supreme Court · 1847
- Austin v. JordanTexas Supreme Court · 1849
3Cited by3 opinions
- Harper v. First State Bank of Grand PrairieCourt of Appeals of Texas · 1928
- Bacon v. WrightCourt of Appeals of Texas · 1932
- Holland v. FloreyCourt of Appeals of Texas · 1941