Bledsoe v. Beiler

Citations

• 66 Tex. 437
• 1 S.W. 164
• 1886 Tex. LEXIS 540

Syllabus

<p>1. Estates of decedents—Creditors—Revised statutes, article 2035—After an order for partition and distribution, an estate is as effectually closed, so far as it concerns creditors not previously made parties to the administration, as if it had been so declared by an order of court.</p> <p>'2. Same—Time of presenting claims—Until partition takes place, any just debt may be enforced against the administrator, even though his application for final settlement be on file.</p> <p>3. Same—Conveyance by survivor—Right of creditor to contest—A creditor is entitled to inquire whether the interest of the estate in land disposed of by the survivor, and whether the right of the creditor to subject such land to his claim, were destroyed by that conveyance. In order to do so he is authorized to put himself properly upon the record as an approved or an established creditor of the estate.</p> <p>4. Promissory note—Assignee—Warranty—Failure of title—Measure of damages—H. made a written assignment of a note to B. The assignment stated that the note was given for the purchase money of land conveyed by H. to the payers ; it warranted H.’s title to the land and note, and agreed to pay B. whatever loss he might incur by failure of his title in either respect. B. assigned the note to' O. and guaranteed title to the land. O. sued the maker of the note, and B., and also W., who was in possession of the land. He obtained a judgment against the maker and B. for the amount of note and costs. B. paid O. the amount of the judgment, and sued the anministrator of H Held:</p> <p>(1) The measure of damages was the value to B. of the lien upon the land, i. e., what the land would have brought at foreclosure sale, provided it sold for less than the sum due on the note; if it sold for that much or more, then the amount due on the note.</p> <p>(2) The costs of the suit brought by 0. could not enter into the estimate of damages, since they did not result solely or necessarily from a failure of H.’s tit