Hancock v. Horan
Texas Supreme Court
Appeal from Travis. This was a suit by the appellant against the appellee, for a half lot in Austin City, and to cancel defendant’s title to the same.
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Appeal from Travis. This was a suit by the appellant against the appellee, for a half lot in Austin City, and to cancel defendant’s title to the same. The petition of Hancock alleged that he was the purchaser of the half lot in question ■under a Sheriff’s sale, 3d April, 1855, by virtue of judgment rendered 20th May, 1854, against Thomas Cassidy, the half lot being levied upon and sold as Cassidy’s property ; that Thomas Cassidy bought the lot at a Sheriff’s sale, ordered in the case of Smith v. Robertson, Horton et als., on March 7th, 1854; that he conveyed the same to Wm. O’Connell, April…
1Opinion of the CourtWheeler, J.
It is evident from the charge of the Court, that the conveyance from the debtor, Cassidy, to O’Connell, and from O’Connell to Horan, the defendant, was regarded and treated by the Court as the case of a rightful preference, by the debtor, of one creditor to another. This is apparent from the fifth proposition in the charge taken in connexion *511with the seventh, to the effect, that, though the purchase money was not advanced by Horan, yet if Cassidy was indebted to Horan, and either conveyance was made in consideration of such indebtedness, the jury would find for the defendant. The fifth…
2Cited by8 opinions
- Ellis v. A. S. Valentine & SonTexas Supreme Court · 1886
- Irion v. MillsTexas Supreme Court · 1874
- Edwards v. DicksonTexas Supreme Court · 1886
- Houston & Tex. Cent. R'y Co. v. GilmoreTexas Supreme Court · 1884
- Lynn v. Le Gierse & Co.Texas Supreme Court · 1877
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