Cone v. Crum

Citations

• 52 Tex. 348
• 1879 Tex. LEXIS 146

Syllabus

<p>1. Claims against estates—Limitation—Presumption.—Wlien a claim against an estate was apparently barred by limitation at the time of its allowance by the administrator and its approval by the county judge, the presumption will be indulged that the holder of the claim was within one of the exceptions which would prevent the bar of the statute.</p> <p>2. Same—Mistake.—Against such a claim thus allowed through mistake, the administrator will be entitled to equitable relief, if the same is applied for within a reasonable time, and relief can be afforded without prejudice to the just rights of the holder of the claim.</p> <p>3. Pact case.—See case for facts which authorized the setting aside of an order allowing a claim against an estate, on the ground of mistake.</p>