M. A. Cooper & Co. v. Friedman
Court of Appeals of Texas
Appeal from McLennan, nineteenth District. Tried below before Hon. Marshall Surratt. . The third, fourth, and eighth assignments of error, referred to in the opinion, were as follows: 3. The court erred in charging the jury that the burden of proof rested upon the plaintiffs to establish their allegations by a preponderance of the evidence.
Read the full summary
Appeal from McLennan, nineteenth District. Tried below before Hon. Marshall Surratt. . The third, fourth, and eighth assignments of error, referred to in the opinion, were as follows: 3. The court erred in charging the jury that the burden of proof rested upon the plaintiffs to establish their allegations by a preponderance of the evidence. Evidence having been introduced by both sides on the issues involved and being conflicting, it was error to charge on the burden of proof. 4. The court erred in the following clause of its charge: “A failing debtor may lawfully prefer one creditor over…
1Opinion of the Court
FISHER, Chief Justice.
This is an action of trespass to try title, by appellants, against Friedman and Mrs. Ella Zapadinsky, widow and only heir of L. Zapadinsky, to recover certain lands situated in the city of Waco; and also alleged that Zapadinsky and his wife, Mrs. Ella Zapadinsky, had fraudulently transferred the lands to Friedman for the purpose of defrauding creditors. Verdict and judgment in the court below were in favor of Friedman.
The facts show that the appellants were creditors of Zapadinsky at the time that Zapadinsky and the appellee, Mrs. Ella Zapadinsky, sold the land in…
2Cases cited1 opinion
- Sabine & East Texas Railway Co. v. SmithTexas Supreme Court · 1889
3Cited by5 opinions
- Guthrie v. CarneyCalifornia Court of Appeal · 1912
- Thomas v. Bank of HurtsboroSupreme Court of Alabama · 1942
- United States v. Select Meat Co.District Court, W.D. Texas · 1967
- Second Nat. Bank of Houston v. SettegastCourt of Appeals of Texas · 1932
- Second Nat. Bank of Houston v. SettegastCourt of Appeals of Texas · 1932