A. A. Fielder Lumber Co. v. Smith
Court of Appeals of Texas
Appeal from District Court, Grayson County; B. L. Jones, Judge. Action by the A. A. Fielder Lumber Company against Nellie Snyder Smith and others. From a judgment against Nellie Smith and her husband declaring priorities against a certain fund, the Fielder Lumber Company and others appeal.
1Opinion
On Rehearing.
Appellee Knappie in his motion for rehearing urges that we erred in directing that, after payment in full of the claims of Continental State Bank and Mosher Manufactur*611ing Company, the balance of the fund in ■controversy should be apportioned between him and appellee Barnett, and in this contention we concede he is correct. The trial court found as a fact that the transfers to Knappie and Barnett were both executed February 12, 1910, as stated in our opinion, but made no affirmative finding as to actual priority.,[S] The trial court did, however, direct in the judgment below that…
2Cases cited4 opinions
- Drake v. Davidson & BaileyCourt of Appeals of Texas · 1902
- Jarrell v. SprolesCourt of Appeals of Texas · 1899
- Maes v. ThomasCourt of Appeals of Texas · 1911
- Ellis v. National Exchange BankCourt of Appeals of Texas · 1905