Sayles v. Bradley & Metcalf Co.

DENMAN, Associate Justice.

The Court of Civil Appeals have certified to this court the following explanatory statement and questions: “S. Lapowski & Bro., a mercantile firm engaged in business in Gaines-ville and other places in Texas, made a deed of trust for the benefit of preferred creditors to Henry Sayles, accompanied with delivery of the goods covered by the deed of trust, including goods which had been sold said firm on a credit by the Bradley & Metcalf Co.

“This suit was brought by the last named company against S. Lapowski & Bro. and Henry Sayles, to recover the goods so sold S.…