Murchison v. Payne

Citations

• 37 Tex. 305

Syllabus

<p>1. In 1854, M. received from P. a draft for six hundred dollars, “ to be used “ in the purchase of head-rights of land in Texas, or returnable.” In 1867 M. died, having never renounced the trust, nor invested or accounted for the money. In 1870, P. brought suit for the money and interest against M.’s widow and minor children, alleging that they were the heirs of M., and had received from his estate property of greater value than the amount of plaintiff’s demand; and that there had been an administration on M.’s estate, and plaintiff had duly probated and presented his demand, but it was rejected by the administrator, and the administration had since been closed. The defendants excepted to the petition, on the ground that plaintiff should have sued within three months after the administrator’s rejection of his claim ; and they also-pleaded the four years’ limitation. Held, that M. was the agent and trustee of P., and therefore limitation never ran against his liability. Held further, that Article 1311, Paschal’s Digest, which requires suits against administrators on rejected claims to be brought within.three months after the rejection, has no application to this suit against heirs.</p> <p>2. A trustee who is charged with the investment of funds, and who unreasonably delays the execution of the trust, is liable for interest on the funds during the period of his laches.</p> <p>3. The question of laches in any particular case is a question of fact. Under the facts of the present case, two years are regarded as a sufficient time for a trustee to have invested six hundred dollars in land claims, and interest is allowed against his representatives after the lapse of that time.</p>