Woessner v. Crank

Citations

• 67 Tex. 388
• 3 S.W. 318
• 1887 Tex. LEXIS 889

Syllabus

<p>1. Parties—Trusts.—Though cases may arise in which a surviving wife, who has qualified under the statute to administer the community estate, may make herself a party to a suit pending for or against her husband at the time of his death, and affecting the community estate, yet, when the suit is against the husband as assignee under the statute for the benefit of creditors, no such right exists.</p> <p>2. Practice—Judgment.—The error in permitting the wife to make herself a party as successor of her husband in a statutory trust for the benefit of creditors, and rendering judgment against her, is such as requires a reversal of the judgment, without an assignment of error.</p>