Ansley v. Baker
Texas Supreme Court
Error from Panola. Suit by the plaintiff in error against the defendant in error on a note executed by Elizabeth A. AnsIey, 12th January, 1845, to the plaintiff, for $280, due one day after date.
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Error from Panola. Suit by the plaintiff in error against the defendant in error on a note executed by Elizabeth A. AnsIey, 12th January, 1845, to the plaintiff, for $280, due one day after date. The petition alleged that the said Elizabeth married the defendant November 10th, 1845, in Louisiana, and afterwards moved to Texas ; that she died in July, 1846, having separate estate, to-wit: two slaves of the value of $1400 ; that she left an infant child who died shortly afterwards; that the defendant took possession of said slaves, at the death of said Elizabeth, and kept and used them as his…
1Opinion of the Court
Hemphill, Ch. J.
The question in this cause, is, whether an heir, who takes the estate into possession, is liable for its debts, before administration; for there is no question, that after administration and partition, he may be held liable to the extent of his distributive share, for debts not barred by limitation. (Hart. Dig. Art. 1197.) Under the laws of Spain, *611his acceptance of the estate would have created a liability for the debts; and under the Common Law, his intermeddling with the personal goods, would make him liable as executor de son tort. This liability would not be incurred by…
2Cited by28 opinions
- Faulkner v. ReedTexas Commission of Appeals · 1922
- Green v. RugelyTexas Supreme Court · 1859
- Blinn v. McDonaldTexas Supreme Court · 1899
- Moore v. WootenTexas Commission of Appeals · 1926
- Frederick L. v. WillisTexas Supreme Court · 1882
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