Galveston, Harrisburg & San Antonio R. R. Co. v. Butler

Citations

• 56 Tex. 506
• 1882 Tex. LEXIS 63

Syllabus

<p>1. Suit against trustees—Lapse of time—Parties—Answer.— The plaintiff holding an unsatisfied judgment against the trustees of the B. B. & C. sold-out railroad company, brought suit against the trustees and against the G., H. & S. A. R'y Co., which was indebted in a large amount to the former, alleging that this indebtedness constituted the only assets available for the satisfaction of her claim, asking judgment against the G., H. & S. A. R. R. Co. Twelve years had passed since the B. B. & C. company was sold out. The trustees made no answer. The G., H. & S. A. company answered by a general demurrer and denial, and alleging in general terms that the debts of the sold-out company exceeded largely its assets. Held,</p> <p>(1) That from the lapse of time the presumption was that all the debts had been satisfied.</p> <p>(3) That from the silence of the trustees and the indefinite answer of the G., H. & S. A. company, the presumption was either that the debts had been satisfied, or that the assets were amply sufficient to pay all.</p> <p>(3) That such being the presumption, the suit by a single creditor to enforce payment of his judgment out of the trust fund was maintainable without attempting to make parties of other possible creditors.</p> <p>(4) That the answer set up no defense.</p> <p>(5) That the G., H. & S. A. Co. was protected, the trustees being parties to the suit.</p> <p>2. Approved.— G., H. & S. A. R’y Co. v. McDonald, 53 Tex., 510, approved and followed.</p>