Legal Opinion

Thaxton v. Smith

Texas Supreme Court

Decided April 12, 1897PublishedCited by 8 opinions

Ebbob to Court of Civil Appeals, Third District, in an appeal from McCulloch County. The suit was brought by Thaxton, a trustee substituted by order of court for the original assignee, to recover land assigned and remove cloud from title occasioned by sheriff’s deed to Smith, the defendant. The latter had judgment; plaintiff appealed; the judgment was affirmed, and he obtained writ of error from the Supreme Court.

1Opinion of the Court

DENMAN, Associate Justice.

C. Crosby, being insolvent, on the 19th day of March, 1892, duly executed an instrument in writing in substance as follows:

“State of Texas,
“County of Mason.
“I, C. Crosby, have this day and do by these presents grant, bargain,, sell and convey unto J. A. Gamel, his heirs and assigns forever all the following real and personal property, to-wit:” (Here follows specific and general description sufficient to include all property owned by C. Crosby wherever situated, except property exempt from forced sale under the laws of this State.) “This conveyance, however, in trust…

2Cases cited3 opinions

  1. Tittle v. VanleerTexas Supreme Court · 1896
  2. Chase v. York County Savings BankTexas Supreme Court · 1896
  3. Dwight v. OvertonTexas Supreme Court · 1872

3Cited by8 opinions

  1. Texas MacHinery & Equipment Co. v. Gordon Knox Oil & Exploration Co.Texas Supreme Court · 1969
  2. Hovel v. KaufmanTexas Commission of Appeals · 1926
  3. Glenn v. Dallas County Bois D'Arc Island Levee Dist.Court of Appeals of Texas · 1926
  4. Hovel v. KaufmanCourt of Appeals of Texas · 1924
  5. Newman v. ClementCourt of Appeals of Texas · 1934

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