Legal Opinion

Nichols v. Oliver

Texas Supreme Court

Decided July 1, 1885No. Case No. 1926PublishedCited by 3 opinions

Appeal from Rusk. Tried below before the Hon. J. G. Hazlewood. On the 2d day of March, 1882, appellees, Reuben W. Oliver, John T. Maddox and James H. McLarfcy, as creditors of the community estate of J. J. Hichols, deceased, and his surviving wife, Mariah J. Hichols, who was administering the estate under the community law, filed their petition in the county court of Rusk county, Texas, alleging that they each held claims against the estate respectively as follows: R. W.…

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Appeal from Rusk. Tried below before the Hon. J. G. Hazlewood. On the 2d day of March, 1882, appellees, Reuben W. Oliver, John T. Maddox and James H. McLarfcy, as creditors of the community estate of J. J. Hichols, deceased, and his surviving wife, Mariah J. Hichols, who was administering the estate under the community law, filed their petition in the county court of Rusk county, Texas, alleging that they each held claims against the estate respectively as follows: R. W. Oliver’s claim was for $42.37; J. T. Maddox’s claim was for §50; J. H. McLarty’s two claims, aggregating §102.33; all of…

1Opinion of the Court

Stayton, Associate Justice.

This action was instituted in the probate court under article 2176, Eevised Statutes, by several creditors of the estate of J. J. Nichols, which was in course of administration by his wife surviving, under the provisions of the statute.

On hearing, the probate court adjudged that there were assets of the estate liable for the payment of the creditors’ claims, and it ordered that citation issue to the sureties on the survivor’s bond, requiring them to appear at the next regular term and show cause why judgment should not be rendered against them for the sums due the…

2Cited by3 opinions

  1. Leatherwood v. ArnoldTexas Supreme Court · 1886
  2. Johnson v. StalcupCourt of Appeals of Texas · 1934
  3. Coombes v. BushTexas Supreme Court · 1929

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