Kerr v. Hutchins

Citations

• 36 Tex. 452

Syllabus

<p>A general creditor of a decedent’s-estate sued the executrix for the purpose of establishing-his claim against the estate, and in the same suit impleaded K., a third party, as a defendant, alleging that K. had set up and obtained allowance against the estate of a fraudulent demand, which was evidenced by a note of the decedent which had been paid off by the decedent in his lifetime, but which, by a fraudulent arrangement between the decedent and K., was kept outstanding in the hands of K. for the purpose of defrauding the creditors of the decedent. The petition did not allege that the estate was insolvent, or that it was insufficient to pay off all demands against it, inclusive of those asserted by both the plaintiff and - K. Held, that in the absence of such allegations in the petition, the court below erred in overruling the general demurrer interposed by K.</p>