Standifer v. Hubbard
Texas Supreme Court
Appeal from Burnet. Tried below before the Hon. E. B. Turner. John R. Hubbard died in 1864, and in the same year his wife, Eliza Hubbard, obtained letters of administration.
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Appeal from Burnet. Tried below before the Hon. E. B. Turner. John R. Hubbard died in 1864, and in the same year his wife, Eliza Hubbard, obtained letters of administration. Several claims were presented within the year after her qualification as administratrix. . W. R. Standifer, who resided in California, held a claim secured by vendor’s lien, which was not presented until in 1869, when it was rejected and suit instituted, and which was prosecuted to judgment on April 19,1870, for $8874.73, and ordering sale of the land for which the note was given. The sale did not realize sufficient to…
1Opinion of the CourtMcAdoo, J.
The only question in this case is, is the provision of our probate law, which requires all claims to be presented to an executor or administrator within twelve months after the qualification of such. executor or administrator, in. default of which all such claims are postponed, of whatever class they may originally have been, a law of “limitation,” in the sense in which the *419term is used in the 43d Section of Article 12 of the Constitution of 1869, and Section 6, Ordinance 11, of the Constitution of 1866 \
Under the authority and reasoning of the court in Ryan v. Flint, 30 Texas, 383, and the…
2Cases cited2 opinions
- Davidson v. PeticolasTexas Supreme Court · 1871
- Pace v. SollamanTexas Supreme Court · 1868