Lemmel v. Pauska

Citations

• 54 Tex. 505
• 1881 Tex. LEXIS 56

Syllabus

<p>1. Executor—Execution.—Property in the hands of an executor, acting under the provisions of the statute (Pasch. Dig., 1371), is hable to execution in the same manner as any other property which may be administered under a power.</p> <p>2. Mandate — Execution.—When a judgment of the district court is affirmed by the supreme court, and the mandate filed with the district clerk, no further order is required to authorize the district clerk to issue execution thereon.</p> <p>3. Executor — Execution.— An executor who is sued on a monied demand before the expiration of twelve months after the probate of the will, is not required to plead thereto until the expiration of twelve months from the date of its probate (Pasch. Dig., art. 1371). But if he appears and pleads before the expiration of the twelve months, he waives his statutory privilege, and the judgment rendered against him in such case would be as valid and binding as if he had pleaded after the twelve months had expired.</p> <p>4. Fact case — Collateral proceeding.— See statement for facts under which it was held that a sheriffs deed and execution were not void, or so irregular as to be subject to attack in a collateral proceeding.</p>