P. J. Willis & Bro. v. Smith

Citations

• 65 Tex. 656
• 1886 Tex. LEXIS 724

Syllabus

<p>1. Decedents—Fraudulent conveyance—Effect—Creditors—Parties—Plaintiffs sought to subject to the payment of a note, certain property claimed to have been conveyed by a deceased maker of the note in fraud of his creditors, and also to subject the proceeds of property descended to the maker’s heirs and sold by them. This suit was brought in the district court; afterwards, an administrator was appointed, the claim sued on was presented to and accepted by him, and approved by the county court. Held-.</p> <p>(1) That the acceptance and approval of the claim constituted it a judgment against the estate, and, ordinarily, plaintiff would have been required to go into the county court to obtain satisfaction of it;</p> <p>(2) The administrator was the proper party to sue for such property as descended to the heirs, and no creditor, pending the administration, could sue for its recovery.</p> <p>(3) Property conveyed by a decedent, in fraud of his creditors, constitutes no part of his estate; it passes to his grantee, subject only to the right of his prior creditors, and no title descends to his heirs or vests in his executor or administrator. Only such prior creditors can sue to subject the property to their claim.</p> <p>(4) Plaintiffs, having a judgment against the estate, and the estate being insolvent, were entitled to subject property conveyed, in fraud of their debt, to the payment of their judgment.</p> <p>(5) The property so conveyed formed no part of the estate; the county court had no control over it, and plaintiffs could maintain their suit in the district court, except so far as it claimed to have property descended to the heirs subjected to their demand.</p>