Higgins v. Rector

Citations

• 47 Tex. 361

Syllabus

<p>1. Partnership—Creditor.—The holder of a claim against a partnership has a legal right to have his claim established against the estate of the deceased partner, and in the ordinary course of administration, his claim will be paid pari passu, with other claims of the same class, without regard to the distinction between partnership and individual claims.</p> <p>2. Same—Equity.—When a joint creditor has to resort to equity to reach the estate of the survivor, a court of equity will seek to secure equality amongst the creditors. But equity does not interfere with legal rights, even for the purpose of producing equality.</p> <p>3. Same—Equity.—Where there is no partnership fund, and no solvent partner, the separate creditor is entitled to no preference, even when the assets are equitable.</p>