Gray v. McFarland

Citations

• 29 Tex. 163

Syllabus

<p>A suit against an administrator and his sureties, for an amount ordered to be paid to a creditor by the probate court, is not a proceeding to establish an original debt.</p> <p>The authority of the county court to order money paid to a creditor is conferred by the plain language of the statute. (Paschal’s Dig., Arts. 1341, 1389, Note 524.)</p> <p>The order of the county court upon an administrator to pay an allowance to a creditor is a conclusive and binding judgment upon the parties and their privies, as to all points directly involved and necessarily determined' by it. (Paschal’s Dig., Art. 1341.)</p> <p>The failure of the administrator to pay according to the order of the county court renders him immediately and primarily liable for the amount of damages sustained by the creditor.</p> <p>A plea of payment must plainly and distinctly set forth the dates and facts of the payment, and if the defendant aver that he paid in notes, it must be stated that the notes were accepted or the money has been realized. (Paschal’s Dig., Art. 3444, Note 795.)</p>