W. P. Converse & Co. v. Sorley

Citations

• 39 Tex. 515

Syllabus

<p>1. Where a note has been sued on by the payee who, pending the suit, assigns the note, the assignee may intervene and have the benefit of the proceedings and prosecute the suit to judgment; and this he may do although defendant may have died before his purchase of the note.</p> <p>2. The purchaser of a note at a sale of -the assets of a bankrupt takes only such interest as the bankrupt had at the time of the act of bankruptcy, and such purchaser cannot, in the absence of fraud, claim as against a prior assignee to whom the note had been assigned as collateral security.</p> <p>3. A judgment enforcing the vendor’s lien rendered in the lifetime of tho intestate must be presented duly authenticated to the administrator for allowance ; otherwise such judgment will be postponed in favor of others of the same class which have been so presented, allowed and approved.</p> <p>4. It is the purpose of the statute to prohibit the payment of claims until the holder thereof shall swear to the justness of the same, and that they have not been paid off, etc., thereby protecting estates from fraud and imposition.</p> <p>5. Therefore, neither the administrator nor the probate court has the power or authority to settle a claim not so authenticated, presented, allowed and approved, and an attempt to do so would not be valid, and no title would pass^by such order or deed made to transfer land to the holder of such claim in satisfaction thereof.</p> <p>6. In the case of two creditor's holding liens of equal dignity, the diligence in enforcing them may give priority to one, and the failure to present within one year after the qualification of the administrator postpones such claim in favor of the claim presented within the year.</p> <p>7. Suit pending at the death of intestate may be prosecuted against the administrator, and such judgment is a preferred claim over those of same class not presented.</p> <p>8. But a claim for the purchase money of land when before the District Court will