Mosely v. Gray
Texas Supreme Court
Appeal from Henderson. Tried below before Roger Q. Mills, Esq., special judge by the selection of the parties; the presiding judge having been of counsel.
Read the full summary
Appeal from Henderson. Tried below before Roger Q. Mills, Esq., special judge by the selection of the parties; the presiding judge having been of counsel. This suit was brought on the 31st of March, 1858, by Isham Mosely, administrator of the estate of John Blackwell, deceased, against William M. Gray, as the holder and owner of a promissory note for $215," dated July 1st, 1852, and payable December 25th, 1852, which had been executed by the plaintiff’s intestate, in favor of the defendant. The petition alleged, that the claim was presented, allowed and approved, on the 23d day of "February,…
1Opinion of the CourtBell, J.
It has been repeatedly decided by this court, that where an executor, or administrator, allows a claim against the estate which he represents, from mistake or ignorance of the facts, which constitute its invalidity, or from fraudulent representations, on the part of the holder of such claim, such executor, or administrator, may sue in the District Court, and have the allowance of such invalid claim annulled. (Neill v. Hodge, 5 Texas Rep. 487 ; Jones v. Underwood, 11 Id. 116, and other cases.) But in all such cases, the burden of proof, to show that the claim was not a valid and subsisting…
2Cases cited1 opinion
- Neill v. HodgeTexas Supreme Court · 1851
3Cited by4 opinions
- Jones v. WynneTexas Supreme Court · 1939
- Jones v. WynneCourt of Appeals of Texas · 1937
- Smart v. PantherCourt of Appeals of Texas · 1906
- Campbell v. ShotwellTexas Supreme Court · 1879