Garrett v. Gaines
Texas Supreme Court
Appeal from San Augustine. This action was brought by the appellee to recover damages for a breach of warranty of the title of a slave sold by the deceased intestate of the appellant in 1837. Shortly after the purchase of the slave, one David Kenly instituted and successfully maintained against the ap-pellee a suit for her recovery.
Read the full summary
Appeal from San Augustine. This action was brought by the appellee to recover damages for a breach of warranty of the title of a slave sold by the deceased intestate of the appellant in 1837. Shortly after the purchase of the slave, one David Kenly instituted and successfully maintained against the ap-pellee a suit for her recovery. It was in evidence that the deceased had notice of the institution of the suit; that he employed counsel to defend the title to the slave; and that he frequently attended court to assist in the defense. Before the termination of the suit the deceased departed this…
1Opinion of the Court
Hemphill, Ch. J.
The point relied upon to sustain the exception to the petition is tiiat there is no specific averment that the demand was presented to the defendant and disallowed, as is required by tire 17th section of the act of 1840 regulating proceedings in the Probate Courts. (Dig., art. 1011.1 This section declares that no bearer of a claim for money against a succession administered by an executor or administrator shall commence an action against such succession before presenting his claim to the executor or administrator. By the succeeding sections it is provided tiiat if the claim be…
2Cited by31 opinions
- Galbraith v. BishopTexas Commission of Appeals · 1926
- Koll v. StateCourt of Criminal Appeals of Texas · 1941
- Newcome v. LightTexas Supreme Court · 1882
- United States Fidelity & Guaranty Co. v. FossatiTexas Supreme Court · 1904
- Osborn v. YoungerTexas Commission of Appeals · 1921
26 more not listed; retrieve them via the Exa API.