Keowne v. Love

Citations

• 65 Tex. 152
• 1885 Tex. LEXIS 329

Syllabus

<p>1. Assignment of error—Practice.—An assignment of error that the court erred in overruling exceptions to plaintiff's petition, there being a large number of special exceptions overruled, is too general to be considered.</p> <p>2. Administration—Liability—Sureties —Practice—Limitation—Evidencb.-t-Ih 1867 two joint administrators gave a joint and several bond, and in 1869 were required by the county court to give a new bond. One of the sureties on the new bond died in 1879, having previously deposited a large amount of property with the sureties on his second bond as security. One of the administrators died in 1872, being largely indebted to the estate, and the administration was continued by the remaining administrator under the same bond. No steps were taken by the surviving administrator to collect the debt. Suit was brought by the heirs and an assignee of one of the heirs against the two sets of sureties, the surviving administrator, the ad ministrator of the deceased surety, and the administrators of the deceased administrator. Held:</p> <p>(1) That whether the property placed in the hands of the second set of sureties belonged to the estate or to the administrator, it could not affect plaintiff’s right to recover from the sureties. Their liability depended on their bond and the existence of facts showing liability on the part of their principals.</p> <p>(2) An investigation was necessary to show which set of sureties was liable, or whether both were liable, and the court had jurisdiction over them for that purpose, which did not depend on what might be the ultimate determination, Both sets were properly made parties.</p> <p>(3) It was a matter of indifference to defendants whether the judgment in favor of the assignee of one of the heirs gave him the interest of that heir or not; the judgment in favor of the heirs and the assignee would be a bar to any further action by them against defendants.</p> <p>(4) The statute of limitations, pleaded by demurrer, went