Giddings v. Crosby
Texas Supreme Court
Error from Washington. Tried below before the Hon. Robert E. B. Baylor. On the 12th day of September, 1857, Elizabeth M. Crosby, administratrix of the estate of Josiah J. Crosby, deceased, brought suit against J. D. Griddings and D. C. Griddings, upon a note for $465.44, given for the purchase-money of two tracts of land, belonging to the said estate, which had been sold at public sale by the administratrix, by order of the County Court.
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Error from Washington. Tried below before the Hon. Robert E. B. Baylor. On the 12th day of September, 1857, Elizabeth M. Crosby, administratrix of the estate of Josiah J. Crosby, deceased, brought suit against J. D. Griddings and D. C. Griddings, upon a note for $465.44, given for the purchase-money of two tracts of land, belonging to the said estate, which had been sold at public sale by the administratrix, by order of the County Court. The answer of the defendants alleged, that they held for collection, a judgment in favor of Hugh McLeod, which was a valid and binding lien on the land, at…
1Opinion of the CourtRoberts, J.
As to the suit on the note, the court did not err, because the defence set up was an effort to enforce a lien in the District Court,- in a case that properly belonged to the jurisdiction of the County Court. The lien of the judgment, should have given precedence to the claim of the widow and children, for their allowance under the order of the County Court, standing in full force, and not satisfied.
Upon the same ground also, the court did not err in affirming the decree of the County Court, refusing to set apart the proceeds of this note to the payment of the judgment, which constituted a…
2Cited by7 opinions
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- Mayman v. ReviereTexas Supreme Court · 1877
- Mabry v. WardTexas Supreme Court · 1878
- Toullerton v. ManchkeCourt of Appeals of Texas · 1895
- Champion v. ShumateTexas Supreme Court · 1897
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