Jones' Adm'r v. Underwood
Texas Supreme Court
Appeal from Fayette. The appellee presented to the former administrator of Jones, a promissory note against the intestate. The administrator indorsed on the note, its acceptance. It was then presented to the Probate Judge, who indorsed thereon, his approval. McFarland, the administrator who had allowed the note as a just claim against the intestate, resigned, and another administrator de bonis non was appointed.
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Appeal from Fayette. The appellee presented to the former administrator of Jones, a promissory note against the intestate. The administrator indorsed on the note, its acceptance. It was then presented to the Probate Judge, who indorsed thereon, his approval. McFarland, the administrator who had allowed the note as a just claim against the intestate, resigned, and another administrator de bonis non was appointed. Underwood, the appellee, applied to the Probate Court, for an order to the administrator, to pay the debt so allowed and approved. The administrator then filed his petition in the…
1Opinion of the CourtLipscomb, J.
We have no doubt that if the facts, presented, stood alone, independent of the fact of the subsequent promise, the appellant would have been entitled to the relief that he sought in his petition for an injunction. The admission of an administrator, or his promise, cannot take a case out of the operation of the statute of limitations. The difficulty,and the one that made it necessary to resort to equity, in this case, arises from the fact, that it having been approved by the Probate Judge, there was no way by which this quasi judgment could be avoided, but by attacking it in this way. In Neill…
2Cited by8 opinions
- Giddings v. SteeleTexas Supreme Court · 1866
- Eccles v. DanielsTexas Supreme Court · 1856
- Jones v. WynneTexas Supreme Court · 1939
- Jones v. WynneCourt of Appeals of Texas · 1937
- Krawietz v. KneiskiCourt of Appeals of Texas · 1922
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