Green v. Rugely
Texas Supreme Court
Error from Anderson. Tried below before the Hon. Charles A. Frazer. This was a suit by Rugely, Blair & Co., the defendants in error, against Mary A. Green, the widow, and Samuel H., Ella V., George W., and Mary L. Green, the minor children of Robert W.„ Green, deceased.
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Error from Anderson. Tried below before the Hon. Charles A. Frazer. This was a suit by Rugely, Blair & Co., the defendants in error, against Mary A. Green, the widow, and Samuel H., Ella V., George W., and Mary L. Green, the minor children of Robert W.„ Green, deceased. It was alleged by the plaintiffs, in their petition, that Robert W. Green, in the county of Anderson, where hé then resided, executed to them, on the 14th of April, 1854, his note for $4613.14, payable on the 1st day of April, 1855; and, to secure the payment thereof when due, the said Green, on the same day, executed to E. L.…
1Opinion of the CourtRoberts, J.
The judgment, as it was rendered, is erroneous, because Mrs. Green was not primarily bound for the debt. If she could be held liable for the debt, as heir or distributee, it could only be to the extent of the value of the property she had received; and the negroes in her possession were shown to be of much less value than the debt, for which a judgment was rendered against her. She could not be held liable, in this state, as an executrix in her own wrong. (Ansly v. Baker, 14 Texas Rep. 607.) The judgment must, therefore, be reversed. But the important inquiry, presented by the exceptions to…
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