McIlhenny Co. v. Todd

Citations

• 71 Tex. 400
• 9 S.W. 445
• 1888 Tex. LEXIS 1157

Syllabus

<p>1. Assignee for Benefit of Creditors.—An assignee, under the statute, for the benefit of creditors, can not divest himself of his fiduciary character nor relieve himself of responsibility as such by abandoning the trust estate nor by conveying it to another.</p> <p>2. Same—Limitation.—Until such assignee is relieved from his position and from his liabilities, limitation does not ran in his favor against any one or more of the creditors interested in the trust estate.</p> <p>3. Same—Removal of.—At instance of one or more of the creditors an assignee delinquent as trustee may be removed by order of the district court under its equity jurisdiction.</p> <p>4 Same—Jurisdiction.—Jurisdiction of the district court is not dependent upon the amount of the claim of the creditor or creditors asking the protection of the trust estate in the hands of an assignee.</p> <p>5. Same—Accounting.—The right of a creditor to sue in the district court to compel the assignee to account and to pay over, etc., would not be dependent upon the amount, nor would such action against the trustee be barred by limitation.</p> <p>6. Pleading—General Demurrer.—In the petition by a creditor to remove an assignee, it was alleged that payments had been made upon the claim of the plaintiff by the assignee; on general demurrer it will be presumed that the claim of the plaintiff had been presented under the statute. The allegation of payment including such allegation.</p>