Millican's Ex'rix v. Millican
Texas Supreme Court
Appeal from Brazos. The notes sued on were dated May 6th, 1839, payable four months after date. The defendant's testator, William Milliean, left a will, which was probated January 3rd, 1844, in which he ordered his executrix to sell certain lands, without order of Court, and pay all his just debts.
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Appeal from Brazos. The notes sued on were dated May 6th, 1839, payable four months after date. The defendant's testator, William Milliean, left a will, which was probated January 3rd, 1844, in which he ordered his executrix to sell certain lands, without order of Court, and pay all his just debts. The notes were presented to the executrix and allowed on the 12th of June, 1844. The opposition of the present plaintiff to the final settlement of William Millican's estate, containing a prayer for an order for the sale of property to pay said notes, was filed in 1849. The order of the Probate…
1Opinion of the CourtLipscomb, J.
It appears from the record, that there was a former suit between the same parties, for precisely the same subject matter, which commenced in the Probate Court, where judgment was rendered against the appellee in this suit, from which he appealed to the District Court, in which Court the judgment of the Probate Court was affirmed. The appellee, then brought this suit. Among other defences, the defendant set up the former judgment, in bar, and also the statute of limitations. If the former judgment embraced the same cause of action, and the Court had competent jurisdiction to make the…
2Cited by3 opinions
- Hare v. ReilyCourt of Appeals of Texas · 1925
- Thompson v. Branch's AdministratorsTexas Supreme Court · 1872
- Tolivar v. LombardoCourt of Appeals of Texas · 1935