Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 134

134 BLEDSOE v. WHITE. [Tyler Term,
Opinion of the court.
been adjudicated and determined in a suit between the
same parties in the District Court of Smith county at a
former term thereof.
Although the note was payable to Lott, or bearer, Selman
knew that it was the property of the estate, and that
it had been placed in his hands as a chose in action held
by Lott in his representative character, and was to be collected
by him for the benefit of the estate. It is not necessary
to consider the rights of parties to whom notes of this,
character may have been transferred by delivery, or by
assignment by the administrator in his individual name
when the holder or assignee has paid an adequate consideration,
without notice that the administrator-is dealin=
with the note for his own benefit, and not that of the estatei
Such is not the case now before us. Both parties to the
transaction were the representatives of the estate. What
ever may be said as to the legal right of the payee to su.
upon and deal with such a note as such payee, the equitabl;
right to it, as both of these parties well knew, was in the
estate, and that it was the duty of the administrator to
collect it for the estate. Yet both of them knowingly an4l
designedly dealt with and appropriated it to their individual
purposes. For it is beyond dispute that almost the
entire indebtedness, in payment of which it is claimed
Selrnan received it, was the individual debt of Lott, with
which the estate of Jones bad-no connection whatever.
As appellant's defense upon Selman's supposed right to
the money collected on the note by virtue of the alleged
agreement with Lott, the former administrator of Jones,
is radically defective and untenable, it is unnecessary to
consider or discuss the various rulings which were made
in the court below on questions growing out of it. They
were dependent propositions, which fell with the destruction
of the foundation upon which they were based.
Whatever may be our views, however, as to the merits
of this defense as an original question, if it had been pre.