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: 194
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194 SorEnE V. CLAYTON. [Term of
Opinion of the Court,
two thousand two hundred and four pounds of cotton loaned
to and due the Reeves estate by Sorrel, and that in this settlement
he charged himself with the value of this cotton. Why
he charged himself with what he had not received--paying a
debt to Mrs. Reeves-for one who he admits he was not ofn
friendly terms with, he does not state; but he stated, on his
cross-examination, that Mrs. Reeves would have admitted it as
a claim against the defendant, her sister, had she known anything
about it. IHe is indebted to the estate of Wm. J. C.
Reeves as overseer and administrator to a large amount, and
yet, according to his statement, lie voluntarily increases that
indebtedness for no cause that reason can assign, and this is
done when.he is owing and is about to pay over to Mrs. Reeves,
or her counsel, according to his sworn statement, about eight
or nine thousand dollars in specie. The plaintiff admits that
this claim nowhere appears as a charge against defendant on
his books as agent or administrator of Reeves' estate, that he
never mentioned the existence of this claim in his settlement
of it with Mrs. Reeves, neither was it made known to her attorney,
or to his attorney, Whitten, who, with Mrs. Reeves' counsel,
settled his accounts as administrator. The claim is not
mentioned in the inventory of Win. J. C. Reeves' estate-sworn
to by plaintiff. Mrs. Reeves never heard of it until int'ormed
of it by defendant's husband in Alabama, in 1866 or 1867, when
a settlement was had between them.
Omitting from our consideration all opposing evidence, the
proof adduced by plaintiff fails to show his right to maintain
this suit. Judgment reversed and cause remanded.
Reversed and remanded.
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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/m1/202/: accessed July 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .