Vardeman v. Ross
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. J. B. Williamson. The defense was in substance that the administrator de bonis non acted in good faith; that the personal security which he took was amply good at the time; but that, by reason of the war, emancipation, etc., it had since become worthless; that the administrator had tendered to the plaintiff the note he had taken for the loan. All this was admitted to be true.
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Appeal from Rusk. Tried below before the Hon. J. B. Williamson. The defense was in substance that the administrator de bonis non acted in good faith; that the personal security which he took was amply good at the time; but that, by reason of the war, emancipation, etc., it had since become worthless; that the administrator had tendered to the plaintiff the note he had taken for the loan. All this was admitted to be true. A jury being waived, the court below rendered judgment for the defendants, and the plaintiff appeals. The opinion and head-note indicate all other facts of any significance.
1Opinion of the CourtWalker, J.
This is an action on the official bond of James E. Armstrong, and his securities, to recover the amount of a legacy devised by the will of Bachel Yardeman. Armstrong was the administrator de bonis non, with the will annexed ; the money came into his hands, and he loaned it at interest on personal security. The securities have failed. The only question for our determination is—did Armstrong comply with the law-in loaning the money without taking real estate securities ?
It is claimed that, By the terms of the will of Mrs. Yardeman, Armstrong, if acting under the will, was not bound to require…
2Cases cited1 opinion
- Tippett v. MizeTexas Supreme Court · 1867
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