Gaston v. Boyd

Citations

• 52 Tex. 282
• 1879 Tex. LEXIS 138

Syllabus

<p>1. Final judgment—Appeal.—The fact that a cause is continued to carry into effect a judgment which finally settles and adjusts all matters involved in the suit, will not prevent an appeal.</p> <p>2. Libiitation—Adbiinistration—Presentation of claibis for ALLOWANCE. — When the law regulating the settlement of estates prescribes that debts against the intestate must be presented to the administrator within a given time or bo barred, the failure to present ■them for allowance within the time stipulated will bar a recovery, notwithstanding the period for presentation may expire before the completion of the bar by the general statute of limitation.</p> <p>3. Claims against estates—Libiitation.—The failure to sue on a rejected claim against an estate within the time limited by statute, will be as effectual to extinguish it as would be the failure to present it within the time required under former law.</p> <p>4. Claims against estates—Libiitation.—When a claim is barred by a failure to present it to the administrator, it is barred against the heirs as well as ,the administrator, notwithstanding its payment was secured by a lien upon land; administration in Texas being had as well of real as personal property.</p>