Cundiff v. Simpson

Citations

• 32 Tex. 144

Syllabus

<p>1— A creditor of an estate holding a note against it, which is secured by mortgage, is not bound to present both note and mortgage to the administrator for approval. The note, and not the mortgage, is the “ claim for money,” which is required to he presented to the administrator.</p> <p>2— If, however, the evidence of the indebtedness and the security for its-payment are contained in the same instrument, then, of course, the entire contract must he presented. But, even in that case, the “ claim ” to he considered by the administrator would consist of the evidence, and not of the security.</p>