Carson v. Cock

Citations

• 50 Tex. 325

Syllabus

<p>1. Suit on rejected claims against an estate.—A petition alleging ownership of valid claims against the estate, described therein', which have been duly presented to the administrator and have been by him rejected, is sufficient, on general demurrer, when one or more of such claims appear to he valid.</p> <p>2. Practice.—That other claims set„out in the petition on their face appear invalid, is no ground for sustaining a general demurrer. The court should have required plaintiff to replead, restricting his suit to the valid claims in his petition.</p> <p>3. Same.—Where invalid claims are inserted in a petition with claims apparently good, it is no answer to exceptions to the invalid claims, to announce to the court that the invalid claims are not relied on.</p>