Heath v. Garrett

Citations

• 46 Tex. 23

Syllabus

<p>1. Claims against estates—Agent—Administrator.—An affidavit supporting a claim against an estate made by an agent is not invalid because it does not show such agency; and an administrator knowing the affiant to be the agent of the owner of a claim may approve such claim.</p> <p>2. Claims against estates.—In a suit upon a rejected claim against .an estate, the withdrawal of an answer and consent to judgment by the administrator, is considered equivalent to an approval of such claim.</p> <p>3. Same.—Upon the withdrawal of an answer in a suit upon such rejected claim, judgment by default final may be rendered, if the claim be liquidated and proved by an instrument of writing; the clerk computing damages as in other cases.</p> <p>4. Enforcing liens.—It is not competent in the District Court to order sale by the sheriff of lands of an estate, against which the vendor’s lien is enforced. The order should require the administrator to make sale.</p>