Howerton v. Holt
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon. Fielding Jones. This was a suit by the appellee against the appellant for damages sustained by reason of the sale of a negro woman and child, alleged to be his property, which were levied upon and sold by the appellant, as sheriff, in virtue of an execution in favor of Burnside & Co., against John Hudnall, on a judgment recovered by them in the District Court of Calhoun county, on the 26th of September, 1855. On the 28th of…
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Appeal from Calhoun. Tried below before the Hon. Fielding Jones. This was a suit by the appellee against the appellant for damages sustained by reason of the sale of a negro woman and child, alleged to be his property, which were levied upon and sold by the appellant, as sheriff, in virtue of an execution in favor of Burnside & Co., against John Hudnall, on a judgment recovered by them in the District Court of Calhoun county, on the 26th of September, 1855. On the 28th of September, 1855, Hudnall made an assignment to the appellee, including in the deed his entire stock of merchandise,…
1Opinion of the CourtRoberts, J.
This is a case of special assignment of all the goods, accounts, and notes of a mercantile establishment, to pay a particular creditor, with a reservation of the balance, if any, to be returned to the debtor. Holt is nominally the creditor; though really a trustee for the benefit of the particular creditor; the note having been assigned to him for collection, and judgment thereon having been obtained in the name of Holt for the use of Henry Sheldon. The sheriff, Howerton, levied upon and sold a negro woman and child, in the possession of Hudnall, the assignor, that had been traded for in the…
2Cases cited2 opinions
- Earle v. ThomasTexas Supreme Court · 1855
- Butler v. StoddardNew York Court of Chancery · 1838
3Cited by6 opinions
- Goodbar, White & Co. v. Out National Bank of Sulphur SpringsTexas Supreme Court · 1890
- San Antonio Street Railway Co. v. MuthCourt of Appeals of Texas · 1894
- Green v. BanksTexas Supreme Court · 1859
- Dupree v. QuinnCourt of Appeals of Texas · 1956
- Anderson v. Martindale & SchultzTexas Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.