Ryan's Administrator v. Flint

Citations

• 30 Tex. 382

Syllabus

<p>The 6th section of the 11th ordinance of the constitutional convention of 1866 reads as follows: “ In all civil actions, the time between the 2d day of March, 1861, and the 2d day of September, 1866, shall not be computed in the application of any statute of limitations.” (Paschal’s Dig., Art. 4631a.) This saving did not apply to the 47th section of the act to regulate proceedings in the county courts relative to the estates of deceased persons. (Paschal’s Dig., Art. 1307, Note 482.)</p> <p>The object of our administration laws is to hasten the settlement of the estates of deceased persons. (Paschal’s Dig., Arts. 1314, 1343, 1345.)</p> <p>Article 1307 requires the creditor to present his claims within twelve months after the grant of administration, or it will be postponed until those presented within a year shall have been paid, but it maybe presented after the twelve months, and, if the estate be solvent, it will be paid.</p> <p>Article 4631a (convention ordinance) is only intended to embrace those general laws of the state which deny rights of action, and which may be interposed as an effectual bar to any recovery on the cause of action. Article 1307 is not such a statute.</p> <p>Where a claim had been allowed by an administrator after the expiration of twelve months, and the county court ordered the administrator to pay the claim pro mta, as if allowed within twelve months, from which order the administrator appealed to the district court, which affirmed the order, and the administrator appealed to the Supreme Court: Held, that the judgment would- be reversed and reformed, so as to put it on the schedule of postponed claims. (Paschal’s Dig., Art. 1562, Note 604.)</p>