Dwight v. Overton
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon, C. T. Garland. The opinion of the court sufficiently discloses the character and states the facts of the case. The “second ground of defense,” mentioned in the opinion, was the non-presentation of the plaintiffs’ claims to the administrators of Oldham, within twelve months after the grant of administration.
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Appeal from Tarrant. Tried below before the Hon, C. T. Garland. The opinion of the court sufficiently discloses the character and states the facts of the case. The “second ground of defense,” mentioned in the opinion, was the non-presentation of the plaintiffs’ claims to the administrators of Oldham, within twelve months after the grant of administration. The assignment designated fourteen creditors, and the amounts due to each, and provided that in case a surplus should remain after paying them, the trustees should apply it to any other just debts of Oldham; and if, after all just debts…
1Opinion of the CourtWalker, J.
At the close of the late war, Leigh Oldham executed and delivered to the plaintiffs, at the city of New York, a deed of assignment, conveying to them in trust for their own and the use of some eighteen other creditors, to whom he was indebted to the amount of about $13,000, the real estate in controversy, together with certain other lands situated within the State of Texas. The deed bears date July 10, 1865.
It appears that Oldham died in the month of September, 1866, and Huffman and Terry administered on his estate. The plaintiffs claim that the legal and equitable title vested in them on the…
2Cases cited5 opinions
- Robertson v. PaulTexas Supreme Court · 1856
- Goldsmith v. HerndonTexas Supreme Court · 1871
- Norton v. Cobb & CrawfordSupreme Court of Georgia · 1856
- Tucker v. StreetmanTexas Supreme Court · 1873
- Caton v. MoselyTexas Supreme Court · 1860
3Cited by4 opinions
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- Thaxton v. SmithTexas Supreme Court · 1897
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