Wyatt v. McLane

Texas Supreme Court

Wyatt v. McLane

37 Tex. 311

CourtTexas Supreme Court

DecidedJuly 1, 1873

StatusPublished

Cited by2 cases

This text of 37 Tex. 311 (Wyatt v. McLane) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wyatt v. McLane, 37 Tex. 311 (Tex. 1873).

Pincite

Opinion

Walker, J.

If T. S. Wyatt, as the heir, took possession of the property of his deceased father, John D. Wyatt, without administration, he is liable for the debt sued on in this case, provided the estate was solvent, and there was enough of the estate left after paying preferred claims and incumbrances, to satisfy the debt. This was not averred nor proven on the trial.

The judgment of the District Court must therefore be reversed and the cause remanded.

Reversed and remanded.

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Walker, J.

If T. S. Wyatt, as the heir, took possession of the property of his deceased father, John D. Wyatt, without administration, he is liable for the debt sued on in this case, provided the estate was solvent, and there was enough of the estate left after paying preferred claims and incumbrances, to satisfy the debt. This was not averred nor proven on the trial.

The judgment of the District Court must therefore be reversed and the cause remanded.

Reversed and remanded.

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Bluebook (online)

37 Tex. 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyatt-v-mclane-tex-1873.

Opinion

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