Matthews v. Towell
Court of Appeals of Texas
Appeal from District Court, Matagorda County; Wells Thompson, Judge. Action by John Matthews against Ike Tow-ell, administrator of John Robbins, deceased, on a rejected claim against the estate. From a judgment sustaining exceptions to the petition, plaintiff appeals. This is a suit by appellant against appellee on a rejected claim against his testator’s estate.
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Appeal from District Court, Matagorda County; Wells Thompson, Judge. Action by John Matthews against Ike Tow-ell, administrator of John Robbins, deceased, on a rejected claim against the estate. From a judgment sustaining exceptions to the petition, plaintiff appeals. This is a suit by appellant against appellee on a rejected claim against his testator’s estate. Exceptions were sustained to plaintiff’s petition, and final judgment' rendered against him in favor of the defendant. The questions presented on this appeal from the judgment require a statement of the substance of the pleadings of…
1Opinion of the CourtNeill, J.
(after stating the facts as above).
[1, 2] In our view of the case we need only consider the assignments which complain of the court’s action in sustaining the special exceptions to plaintiff’s original petition. The allegations in the petition to which the exceptions were taken must for the purpose of determining its sufficiency as against them be taken as true. Taking such averments as established facts, it will be perceived that the time of payment of each and every note upon which plaintiff’s claim and demand against the defendant’s intestate’s estate is based, was, during the lifetime of…
2Cases cited5 opinions
- Benson v. PhippsTexas Supreme Court · 1895
- Kearby v. HopkinsCourt of Appeals of Texas · 1896
- Casey-Swasey Co. v. AndersonCourt of Appeals of Texas · 1904
- Fambro v. KeithCourt of Appeals of Texas · 1909
- Wright v. DeaverCourt of Appeals of Texas · 1908
3Cited by2 opinions
- Remy v. SayegCourt of Appeals of Texas · 1928
- Clark v. Red River CountyCourt of Appeals of Texas · 1930