Buchanan v. Wagnon
Texas Supreme Court
Appeal from. Harrison. Tried below before the Hon. A. J. Booty. On January 23, 1879, Wagnon and wife loaned W. W. Hall and John B. Hall $800, and took their promissory note for the same.
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Appeal from. Harrison. Tried below before the Hon. A. J. Booty. On January 23, 1879, Wagnon and wife loaned W. W. Hall and John B. Hall $800, and took their promissory note for the same. At the same time, the Halls executed to Wagnon and wife a mortgage on land owned by them in severalty: W. W. Hall died in 1879, leaving a will appointing his wife, Elizabeth, sole executor, who qualified without bond, September 22, 1879. On application by the creditors for her to give bond, and she failing to do so, the county court of Harrison county removed her and appointed T. S. Buchanan, appellant,…
1Opinion of the Court
Willie, Chief Justice.
We are called upon in this case to determine as to what is the effect of a failure to present a secured claim to an administrator within one year after the grant of letters of administration.
The appellant contends that, if the claim is not presented till after the year has elapsed, it is not entitled to satisfaction out of the prop*377erty incumbered till all claims of every character presented within the year have been fully paid.
The appellee says that only that portion of the claim left unpaid, after the proceeds of the incumbered property have been exhausted, is postponed…
2Cases cited3 opinions
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3Cited by10 opinions
- Phillips v. J. B. Watkins Land Mortgage Co.Texas Supreme Court · 1896
- Anderson v. First National Bank of El PasoTexas Supreme Court · 1931
- Jenkins v. CainTexas Supreme Court · 1888
- Federal Land Bank of Houston v. TarterCourt of Appeals of Texas · 1935
- Milmo National Bank v. RichCourt of Appeals of Texas · 1897
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