Gray v. McFarland
Texas Supreme Court
Error from Washington. The case was tried before Hon. Robert E. B. Baylor, one of the district judges. The facts and proceedings in this cause are as follows: McFarland, as plaintiff below, brought his suit against R. Antry, O. J. 0. Lockhart, and James Gray, alleging, that Antry was administrator of Arab Harris, deceased, by appointment from the county court of Washington county, and that Lockhart and Gray were the sureties of Antry on the administration bond, a copy of…
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Error from Washington. The case was tried before Hon. Robert E. B. Baylor, one of the district judges. The facts and proceedings in this cause are as follows: McFarland, as plaintiff below, brought his suit against R. Antry, O. J. 0. Lockhart, and James Gray, alleging, that Antry was administrator of Arab Harris, deceased, by appointment from the county court of Washington county, and that Lockhart and Gray were the sureties of Antry on the administration bond, a copy of which was appended to the petition. The petition further alleged, “that said estate being greatly indebted to the…
1Opinion of the CourtMoore, C. J.
This suit is not to be regarded as an *169action against the administrator of Harris, and the sureties on his hond, to establish a claim against said Harris’ estate, or to subject effects in his hands in a fiduciary capacity, to the payment of the plaintiff’s demand. The cause of action set forth in the petition is the failure of Antry, in not paying the money claimed, as ordered by the county court, to keep the conditions of his hond, as administrator, by well and truly performing the duties required of him by law as such administrator. The authority to give the order in question is conferred…
2Cited by10 opinions
- Bopp v. HansfordCourt of Appeals of Texas · 1898
- Hornung v. SchrammCourt of Appeals of Texas · 1899
- American Surety Co. of New York v. FitzgeraldCourt of Appeals of Texas · 1931
- Cooper v. IrvinCourt of Appeals of Texas · 1937
- Estate of Snider v. CommissionerUnited States Tax Court · 1985
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