Fort v. Fitts
Texas Supreme Court
Appeal from Upshur. Tried below before the Hon. Felix J. McCord. This was an action in the district court of Upshur county, Texas, by Mrs. E. H. Smith, the surviving wife, Laura C. Fort, with her husband, E. E. Fort, and Richard J. Atkinson, the surviving children of Alfred Atkinson, deceased, against O. A. Fitts and S. M. Smith, sureties, and Mrs. Ann Fitts, the surviving wife of James Wilburn, another surety on the bond of D. C. Boger, deceased, administrator of the estate…
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Appeal from Upshur. Tried below before the Hon. Felix J. McCord. This was an action in the district court of Upshur county, Texas, by Mrs. E. H. Smith, the surviving wife, Laura C. Fort, with her husband, E. E. Fort, and Richard J. Atkinson, the surviving children of Alfred Atkinson, deceased, against O. A. Fitts and S. M. Smith, sureties, and Mrs. Ann Fitts, the surviving wife of James Wilburn, another surety on the bond of D. C. Boger, deceased, administrator of the estate of Alfred Atkinson, to recover the sum of $16,000, the value of that estate over and above all indebtedness against it,…
1Opinion of the Court
Willie, Chief Justice.
This is a suit brought by the heirs of Alfred Atkinson, deceased, to recover from the sureties on the bond of his administrator, D. C. Boger, the sum of $16,000 belonging to the estate of said deceased, and alleged to have come into the hands of said Boger, as such administrator, and to have been converted to his own use. Boger was dead when the suit was filed, and his estate is al*594leged to Tbe insolvent. Ho administration de bonis non had been taken out on the estate of Atkinson, and no debts existed against it. ' A demurrer was sustained to the petition below on the…
2Cases cited5 opinions
- Bufford v. HollimanTexas Supreme Court · 1853
- Patton v. GregoryTexas Supreme Court · 1858
- Ingram v. MaynardTexas Supreme Court · 1851
- Ponton v. BellowsTexas Supreme Court · 1859
- Moody & Jamison v. Julius Levy & Co.Texas Supreme Court · 1883
3Cited by19 opinions
- Anderson, Adm'x. Et Vir v. ArmstrongTexas Supreme Court · 1938
- Bopp v. HansfordCourt of Appeals of Texas · 1898
- American Bonding Co. of Baltimore v. LoganCourt of Appeals of Texas · 1910
- American Surety Co. of New York v. HardwickCourt of Appeals of Texas · 1916
- Chapman v. BriteCourt of Appeals of Texas · 1893
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