Frederick L. v. Willis

Citations

• 56 Tex. 468
• 1882 Tex. LEXIS 57

Syllabus

<p>1. Heirs of intestate can sue and be sued, When.—The heirs of an intestate, in order to be entitled to sue for the claim of their ancestor, must prove some fact bringing them within one of the exceptions to the rule; as lapse of more than four years since intestate’s death without administration, or that administration has been closed and that there are no debts against the estate. Similar proofs must be made concerning the estate against the heirs of which it is proposed to bring suit on the ground of assets received.</p> <p>2. Probate law.— Judgments contrary to, erroneous.—In such a suit against heirs, the law contemplates a judgment in personam and not in rem, and the verdict and judgment in the present case for the amount of the debt, and subjecting the land thereto, followed by the decree that the defendants are not responsible for the amount of the judgment except to the extent of- property received by them from the estate of them ancestor,' are erroneous, being contrary to the provision of the probate law, that, if the creditor of the intestate shall establish his debt, he shall recover judgment against the heir, or other party in possession of the property, to the amount of his debt; provided, that such judgment shall never exceed in amount the value of the property so held by the heir or other party.</p> <p>3. Specific lien not given.—The law in such a suit confers no specific lien on the property of the debtor.</p> <p>4. Unknown heirs — Citation by publication.—Unknown heirs, when so sued, may be cited by publication. See McCampbell v. Henderson, 50 Tex., 611.</p>