Guthrie v. Guthrie
Texas Supreme Court
Error from Lavaca. Tried below before the Hon. Fielding Jones. Suit by appellees against appellant, on his note to them for the sum of $150. Answer by defendant as follows : Defendant says that he did, on or about the 29th of Jan.r 1855, execute his note for $150 to Wesley Tick and Eliza Guthrie, then administrators of the estate of Orin Guthrie ; that he is one of the heirs of said Orin Guthrie, and that the said note was given to said administrators to show what amount…
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Error from Lavaca. Tried below before the Hon. Fielding Jones. Suit by appellees against appellant, on his note to them for the sum of $150. Answer by defendant as follows : Defendant says that he did, on or about the 29th of Jan.r 1855, execute his note for $150 to Wesley Tick and Eliza Guthrie, then administrators of the estate of Orin Guthrie ; that he is one of the heirs of said Orin Guthrie, and that the said note was given to said administrators to show what amount said defendant had received from the estate of his father, Orin Guthrie, deceased. The defendant further states, that the…
1Opinion of the Court
Hemphill, Ch. J.
The matters set up in the answer were not a sufficient defence to the action. The general rule in *543relation to debtors of an estate is, that to an action brought by an admininistrator, the defendant cannot plead in offsej any demand against the estate accruing since the death of the deceased. To adjust such discounts would encroach on the province of the County Court, and lead to embarrassing investigations as to the assets and proper distribution of an estate. There are exceptions to the rule, as for instance in the case of Hall v. Hall, 11 Tex. R. 553, where one being the…
2Cited by4 opinions
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- Lion Bonding & Surety Co. v. AustinCourt of Appeals of Texas · 1919
- McCorkle v. McCorkleCourt of Appeals of Texas · 1901
- Floyd v. RustTexas Supreme Court · 1883