Legal Opinion

Cavitt v. Beall Hardware & Implement Co.

Court of Appeals of Texas

Decided April 25, 1918No. 5913PublishedCited by 3 opinions

Appeal from District Court, McLennan County; B. J. Clark, Judge. Proceedings by J. P. Cavitt, administrator de bonis non, to sell land for payment of debts of C. R. Phillips, deceased, opposed by the Beall Hardware <& Implement Company.

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Appeal from District Court, McLennan County; B. J. Clark, Judge. Proceedings by J. P. Cavitt, administrator de bonis non, to sell land for payment of debts of C. R. Phillips, deceased, opposed by the Beall Hardware <& Implement Company. There was a decision for the administrator in the county court, and the company appealed to the district court, where th'e decision was reversed; whereupon the administrator and the First National Bank of Mc-Gregor, a creditor of the estate, appeal.

1Opinion of the Court

Findings of Fact.

JENKINS. J.

C. R. Phillips borrowed money from th'e First National Bank of Mc-Gregor, for which he gave his note, and as security therefor executed a mortgage on certain personal property, consisting of horses, mules, and farming implements. Subsequently C. R. Phillips died, and J. E. Brown was appointed administrator of his estate. He filed an inventory, which included, among other things, the personal property above referred to, with a notation that the same was claimed by Ernest Phillips, one of the sons of C. R. Phillips, deceased. Subsequently Ernest Phillips filed in…

2Cases cited7 opinions

  1. White v. ShepperdTexas Supreme Court · 1856
  2. Heirs of Edwards v. MountsTexas Supreme Court · 1884
  3. Minter v. BurnettTexas Supreme Court · 1896
  4. Wise v. O'MalleyTexas Supreme Court · 1884
  5. Routledge v. ElmendorfCourt of Appeals of Texas · 1909

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Slavin v. GreeverCourt of Appeals of Texas · 1919
  2. H. D. Lee Mercantile Co. v. ThompsonCourt of Appeals of Texas · 1942
  3. In Re Field's EstateNew Mexico Supreme Court · 1936

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