Johnson v. Morris
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. J. P. Richardson. Morris, administrator de bonis non of the estate of J. L. Hobley, brought suit against Johnson, his predecessor, and his sureties, for the value of the unadministered assets shown in the inventory. Defendants demurred, and pleaded a general denial. Plaintiff by amendment, alleging the non-residence and insolvency of the principal, dismissed as to him, and one of the sureties not served with process.
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Appeal from Travis. Tried below before the Hon. J. P. Richardson. Morris, administrator de bonis non of the estate of J. L. Hobley, brought suit against Johnson, his predecessor, and his sureties, for the value of the unadministered assets shown in the inventory. Defendants demurred, and pleaded a general denial. Plaintiff by amendment, alleging the non-residence and insolvency of the principal, dismissed as to him, and one of the sureties not served with process. The demurrer was overruled and a verdict rendered, finding Johnson, the principal, to be insolvent, and for the plaintiff $654,…
1Opinion of the Court
Moore, Associate Justice.
The court did not err in overruling the demurrer to the plaintiff’s petition. It has been repeatedly decided by this court that an administrator de bonis non may sue the former administrator and Ms sureties *465for the property of the estate in his hands unadministered. (Martel v. Martel, 17 Tex., 396; Baldwin v. Dearborn, 21 Tex., 446; Boulware v. Hendricks, 23 Tex., 667; Grant v. McKinney, 36 Tex., 62.) If a contrary doctrine has ever been announced, it has been through inadvertently giving a construction to what is said in the cases of Murphey v. Menard, 11 Tex., 673,…
2Cases cited5 opinions
- Murphey v. MenardTexas Supreme Court · 1854
- Johnson v. HoganTexas Supreme Court · 1873
- Baldwin v. DearbornTexas Supreme Court · 1858
- Boulware v. HendricksTexas Supreme Court · 1859
- Grant v. McKinneyTexas Supreme Court · 1872
3Cited by8 opinions
- Treadway v. EastburnTexas Supreme Court · 1881
- Moore v. WootenTexas Commission of Appeals · 1926
- Brown v. FlemingTexas Commission of Appeals · 1919
- Todd v. WillisTexas Supreme Court · 1886
- Moore v. RiceCourt of Appeals of Texas · 1937
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