Reynolds v. Dechaums
Texas Supreme Court
Error from Bastrop. Tried below before the Hon. Alexander W. Terrell. This was a suit by Henry M. Dechaums, and his wife, Susan 1ST. Dechaums, as administrators of Samuel B. Morris, deceased, against Sherman Reynolds and Preston Conlee, on a note for $2600, given by them for a lot in the town of Bastrop, purchased by Reynolds, from the administrators of Morris, at a sale thereof, made by order of the County Court of the said county.
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Error from Bastrop. Tried below before the Hon. Alexander W. Terrell. This was a suit by Henry M. Dechaums, and his wife, Susan 1ST. Dechaums, as administrators of Samuel B. Morris, deceased, against Sherman Reynolds and Preston Conlee, on a note for $2600, given by them for a lot in the town of Bastrop, purchased by Reynolds, from the administrators of Morris, at a sale thereof, made by order of the County Court of the said county. The matters of defence, relied upon by the defendants, are sufficiently apparent from the opinion. There was a judgment in favor of the plaintiffs, from which…
1Opinion of the Court
Wheeler, C.
J.—It is objected to the judgment, that the note sued on was not binding upon the defendant, Conlee, because not signed by another surety besides himself. We do not think the objection well taken. The taking of security, is solely for the benefit of the estate. If the administrator does not require the security, which the law contemplates, bút sees proper to dispense with it, he may thereby incur personal liability to the estate; but the other contracting parties are not, in consequence, absolved. It has been heretofore decided, that the failure of the administrator to secure the…
2Cited by11 opinions
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