Rindge v. Oliphint

Citations

• 62 Tex. 682
• 1884 Tex. LEXIS 310

Syllabus

<p>1. Statute of limitations—Administration.— Money due an estate having a proper representative becomes barred, if not evidenced by a contract in writing, by the statute of limitations of two years, after the accrual of the right to sue. Following Thomas v. Greer, 6 Tex., 377.</p> <p>2. Same — Disability of heir.— The statute will not be prevented from running by the disability of the heir, if the representative of the estate had a right of action.</p> <p>3. Evidence — Credits upon claims — Title.—Testimony as to an agreement between the administratrix of the estate and one of its creditors, that his claims against the estate shall be allowed a credit as a payment of purchase money bid by him for land belonging to the estate, is irrelevant; nor does such agreement confer title on the purchaser freed from the vendor’s lien that attached in favor of the estate.</p> <p>4. Equity in land — Credit on claim.—That the purchaser of land of an estate decreed to be sold credited the amount of the purchase money on his claim against the estate, confers on him no equity entitled to be protected’. Citing Burns v. Ledbetter, 58 Tex., 285.</p> <p>5. Deed — Vendor’s lien — Sale of land, belonging to an estate.— Under a decree of the probate court, ordering the sale of land of an estate to be made on a credit of twelve months with approved security, and retaining a lien on the land to secure the payment of the purchase money, the deed reciting the sale by virtue of the order of the court of the tract of land in controversy and of another for a certain gross sum, without distinguishing the amount bid for the two tracts respectively, and the further fact that the purchaser had executed his note for the “ above-named sum,” payable in twelve months, as the consideration of the sale, and in no wise reserving the vendor’s lien in such deed, conveys title to the purchaser, and the note being barred, the vendor’s lien cannot be enforced. Hale v. Baker, 60 Tex., 217.</p> <p>6. Administratio