Tillman v. Heller
Texas Supreme Court
■ Appeal from Johnson. Tried below before Hon. J. M. Hall. On the 10th day of October, 1887, the appellant, E. M. Tillman, procured the issuance of a writ of attachment out of the District Court of Dallas County, Texas, against W. 0. McDavid and T. C. Parker, composing the firm of W. 0. McDavid & Co., for the sum of $519.75, and on said day caused the same to b.e levied by the sheriff of Johnson County on certain personal property, of the total value of $505, as the property…
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■ Appeal from Johnson. Tried below before Hon. J. M. Hall. On the 10th day of October, 1887, the appellant, E. M. Tillman, procured the issuance of a writ of attachment out of the District Court of Dallas County, Texas, against W. 0. McDavid and T. C. Parker, composing the firm of W. 0. McDavid & Co., for the sum of $519.75, and on said day caused the same to b.e levied by the sheriff of Johnson County on certain personal property, of the total value of $505, as the property of said W. 0. McDavid & Co. On the 11th of October, 1887, the appellee, Heller, made a claimant’s affidavit and made…
1Opinion of the Court
ON REHEARING.
GAINES, Associate Justice.
—We are of the opinion that the motion for a rehearing in this case should be granted. We still concur in all the rulings of the former opinion, except as to the question whether or not the trial judge was correct in his conclusion that the appellee is to be deemed a bona fide purchaser for value. Under the facts of this case the correctness of that conclusion depends upon the determination of two questions. First. It being determined that the sale to appellee was fraudulent as to the creditors of the sellers, W. C. McDavid & Co., and that appellee had…
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