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: 154
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154 SNOW v. WALKER. [Tyler Term,
Statement of the case.
H. J. SNOW V. E. E. WALKER ET AL.
1. ESTOPPEL.-The submission by the mother to arbitrators, of matters
concerning an estate in which the mother and her minor children
have a common interest, will not estop such minors from asserting
claim to such estate.
2. A party interested il a matter submitted to arbitration, though not a
party to the controversy, having notice of and consenting to the proceedings,
as also one not consenting to the settlement, but receiving
the due proportion of the sum awarded, is estopped from suit upon
the matters determined by the award.
ERROR from Kaufman. Tried below before the Hon. M.
This was a suit brought in the District Court of Kaufman
county, December 11, 1870, by the heirs-at-law of R. H.
Temple, on a note for $1,626, executed March 4, 1862, by
H. J. Snow and A. J. Burton to M. T. Stephenson, as administrator
Defendant, Snow, answered, alleging that on the 1st day
of April, 1867, in a suit between defendant and Susan
Nichols, one of the plaintiffs, in the County Court of Kaufman
county, it was agreed between the parties to submit
all matters in controversy to arbitrators; that the arbitrators
reported to the court that Susan Nichols was indebted
to Snow $885.21, on which judgment was rendered, and
the note delivered up and canceled.
Plaintiffs amended their petition, alleging the note to be
the property of the estate of R. H. Temple, and that Susan
Nichols had no authority to submit the matter to the arbitrators;
that at the time of the submission the plaintiffs,
with the exception of Susan Nichols, were minors, and not
represented in the County Court, or in any way made parties
to the suit.
Defendants excepted to plaintiffs' amended petition,
which the court overruled, and plaintiffs excepted to defendants'
amended answer, because it did not appear that
Susan Nichols had authority to submit the note to the arbitrators,
which exceptions the court sustained.
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Texas. Supreme Court. 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., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/162/: accessed October 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .