Coleman v. Texas Produce Co.
Court of Appeals of Texas
Appeal from Bowie County Court; J. B. Lytal, Judge. Suit by the Texas Produce Company against T. N. Coleman, executor. Judgment for plaintiff, and defendant appeals. The appellee brought the suit against appellant in his capacity as independent executor of the estate of Susan C. Whitteridge, deceased.
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Appeal from Bowie County Court; J. B. Lytal, Judge. Suit by the Texas Produce Company against T. N. Coleman, executor. Judgment for plaintiff, and defendant appeals. The appellee brought the suit against appellant in his capacity as independent executor of the estate of Susan C. Whitteridge, deceased. The suit was to establish a debt against the estate upon the balance of an open account for goods and merchandise alleged to have been purchased by Susan O. Whitteridge during the year 1913 and up to June 10, 1914. The appellant pleaded, besides other matters, the two-year statute of limitation.…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
[1, 2] By the statute death suspends the limitation period for a year, unless an administrator or executor has sooner qualified. Article 5703, Vernon’s Sayles’ Stat. And an independent executor, as here, is qualified and competent to act from the time me will appointing him is admitted to probate. Patten v. Cox, 9 Tex. Civ. App. 299, 29 S. W. 183. And the eases cited by appellee are not in conflict with the ruling in the above case. The case of Connellee v. Roberts, 1 Tex. Civ. App. 363, 23 S. W. 187, only decides that it is not essential to the…
2Cases cited5 opinions
- Roberts v. ConnelleeTexas Supreme Court · 1888
- Cooper v. HornerTexas Supreme Court · 1884
- Willis v. FergusonTexas Supreme Court · 1877
- Patten v. CoxCourt of Appeals of Texas · 1894
- Connellee v. RobertsCourt of Appeals of Texas · 1892
3Cited by4 opinions
- Willis v. HarveyCourt of Appeals of Texas · 1930
- Higginbotham v. Alexander Trust EstateCourt of Appeals of Texas · 1939
- Edwards v. StateCourt of Criminal Appeals of Texas · 1955
- Edwards v. StateCourt of Criminal Appeals of Texas · 1955