Court of Civil Appeals of Texas, 1884

Gilbert v. Hancock

Gilbert v. Hancock
Court of Civil Appeals of Texas · Decided October 25, 1884 · Willson
2 Wilson 329

Gilbert v. Hancock

Opinion of the Court

Opinion by

Willson, J.

§ 3 7 9. Trustees; judgment against, in suit for debt of cestui que trust. Appellee sued appellants as trustees of the Methodist Episcopal Church South, of Abilene, for labor done in building a church. He recovered a judgment for his debt. Appellants claim that the judgment is against them personally. Held, that appellants were sued in their fiduciary canacity only, and that judgment *330should he against them only in that capacity, with execution against the cestui que trust, wherefore the judgment was reformed and rendered accordingly.

October 25, 1884.

Reformed and rendered.

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