Cases

Simmons, C. J. It appears from the record that M. T. Hollis sr. died indebted to Sales, Stephens and Jefferson. M. T. Hollis jr. was appointed administrator of the estate. Sales, Stephens and Jefferson brought suit against the administrator upon the indebtedness of his intestate. He pleaded plene administravit, and this plea was sustained. Sales and the others thereupon entered up judgments quando acciderint. Executions issued u

By the Court. Benning, J. delivering the opinion. Ought the Court to have granted the motion for a new tri.-al? The plaintiff’s case was such, that it became necessary for him to show that the lots of land and the negroes to which rthe testimony relates, belonged to the estate of Ñaman S. Tucker,, deceased, and that the defendant had, since Tucker’s death, as exe

ACCEPTED 03-14-00197-CV 4929353 THIRD COURT OF APPEALS AUSTIN, TEX

The Court of Appeals having adjudicated the questions made by the three last grounds of appeal, sent the question, made by the first, up to the Court of Errors, which that Court decided as follows:— Curia, per "Wardlaw, J. The Court of Appeals has considered the three last grounds of appeal, and found them insufficient to sustain the defendant’s motion. The first ground has been referred to the Court

DANIEL, J. The judgment upon which the decree sought to be reversed is founded, was rendered in the year 1802. No steps appear to have been taken to enforce the judgment until the institution of this suit in the year 1840. Thomas Smith the intestate of the appellant William P. Smith, in his answer to the bill, set up two defences, to wit, the statute of limitations, and the presumption of satisfaction arising