Alamo Nat. Co. v. Key.

On Motion for Rehearing.

Appellee, by an able motion for rehearing, insists that we are in conflict with the case of Leatherwood v. Arnold, 66 Tex. 414, 1 S.W. 173. That case involved an action on a survivor in community’s bond. It was there held that a survivor could prefer creditors of equal dignity without liability on such survivor’s bond. In the present case Mrs. Key did not qualify as a survivor in community, but accepted under her deceased husband’s will, in which she was the sole beneficiary and independent executrix without bond. In this action for injunction her theory is grounded…