Powell v. Stephenson
Court of Appeals of Texas
Appeal from District Court, Newton County; A. E. Davis, Judge. Action by B. Z. Powell, as temporary administrator of the estate of J. W. Erwin, deceased, against George W. Stephenson, in which B. Z. Powell, individually, and others later filed interventions as creditors of the estate, and upon Ms appointment' as permanent administrator, W. C. Erwin having declined to prosecute the suit, the case proceeded to trial with the interveners prosecuting the suit for the benefit of…
Read the full summary
Appeal from District Court, Newton County; A. E. Davis, Judge. Action by B. Z. Powell, as temporary administrator of the estate of J. W. Erwin, deceased, against George W. Stephenson, in which B. Z. Powell, individually, and others later filed interventions as creditors of the estate, and upon Ms appointment' as permanent administrator, W. C. Erwin having declined to prosecute the suit, the case proceeded to trial with the interveners prosecuting the suit for the benefit of the estate and for themselves. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtBrooke, J.
This is an action brought by B. Z. Powell, as temporary administrator of the estate of J. W. Erwin, deceased, against George M. Stephenson, for the possession of 142 head of stock cattle alleged to be the property of J. W. Erwin, deceased, and alleged to be of the reasonable value of ,$2,500. In this cause B. Z. Powell individually subsequently filed an intervention as a creditor of the estate of J. W. Erwin, deceased; also the Galveston Dry Goods Company intervened as a creditor of the estate of J. W. Erwin, deceased. Interveners, after alleging their indebtedness against the estate, alleged…
2Cases cited4 opinions
- Wells v. LittlefieldTexas Supreme Court · 1883
- P. J. Willis & Bro. v. SmithTexas Supreme Court · 1886
- Nance v. Barber and JacksonCourt of Appeals of Texas · 1894
- Swan v. LarkinCourt of Appeals of Texas · 1894
3Cited by4 opinions
- Ball v. CundiffCourt of Appeals of Texas · 1939
- Sanders v. HartCourt of Appeals of Texas · 1943
- Slaughter & Veal v. SchneiderCourt of Appeals of Texas · 1926
- Ball v. CundiffCourt of Appeals of Texas · 1939