Simpson v. Foster

Citations

• 46 Tex. 618

Syllabus

<p>1. Amendment—Pleading. —The right to amend pleading is limited, as to the answer, by the rule that the defense must be filed in due order of pleading.</p> <p>2. Same—Due order op pleading.—Where a plea has been inadvertently filed, and it thereby cuts off a substantial defense, the court should, on proper application, allow such plea to be withdrawn, to enable the defendant to plead his several defenses in due order of pleading.</p> <p>3. Parties—Legal title.—Where suit was brought by the legal owner of a promissory note, executed for the purchase-money of a tract of land, the legal title to which was in the vendor, in trust, the defendant cannot plead in abatement the non-joinder of those equitably interested in the purchase-money for which the note was given.</p> <p>4. Tender op Confederate money.—A tender of Confederate money will not affect the liability of the maker of a note, whether made to an agent or to the holder of the same.</p> <p>5. Confiscation laws.—iSTor will a non-resident owner of a promissory note be in any way liable for loss resulting to the maker of such note from the agent of the owner turning the note over to the Confederate States receiver, under the laws of the Confederate States during the war.</p> <p>6. Foreign administration.—A foreign executor or administrator cannot maintain a suit in this State, in virtue of his foreign letters testamentary or of administration.</p> <p>7. Same—Personal property.—A legatee, under a foreign administration, admitted to the ownership of personal property, may after-wards sue here in liis own name for the property without the probate of the will.</p> <p>8. Same.—The fact that the will makes the executor sole legatee upon trusts declared, will not authorize suit to be brought by such foreign executor.</p> <p>9. Same.—Such executor could not execute a deed to pass land of the estate in Texas without probating the will in this State.</p>