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: 157
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1875.] SNOw v. WALKER. 157
Opinion of the court.
payable to Stephenson, as administrator of Temple's estate,
and therefore it could not be contended that the
plaintiff in error was ignorant of the fact that he was dealing
with the property of the estate of Temple, and also
that he was contracting with a party who had no legal
right to control the note beyond her own share in it, and
to the prejudice of her infant children.
The share or interest of each one of the defendants in
error was admitted on the trial, for which the court rendered
judgment for them, and in this there is no error.
The District Court further decreed that the adult plaintiffs
in the suit, Susan Nichols, W. T. Nichols, H1. T. Moore,
and V. A. Moore, take nothing by their suit. From this
judgment they prosecute their writ of error. The errors
assigned and by them relied upon for a reversal of the
judgment, consist of the action of the court upon exceptions
by the plaintiffs to the defendant's answers. The
defendant plead the agreement between himself and Mrs.
Nichols, and the award of the arbitrators, and the judgments
of the County Court in estoppel, in bar of the plaintiff's
suit in the District Court.
The judgment of the District Court recites that the " exceptions
to so much of the answer as sets up the arbitration,
the award, and the judgments of the County Court
thereon, in so far as the same affects the interest of the
heirs of the said R. H. Temple, who were at that time
minors, are sustained, and in so far as the same affects the
interest of the said Susan Nichols, are overruled, and in so
far as the same affects the other heirs who are not minors,
are overruled, to be finally disposed of after the testimony
is heard upon the plea of estoppel." The other exceptions
were overruled. The ruling of the court on the final
hearing has been referred to.
The defendant, Snow, introduced in evidence the proceedings
of the County Court of Kaufman county, as
shown by plaintiff's bills of exceptions. The rulings of
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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/m1/165/: accessed June 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .