Duncan, Wyatt & Co. v. Taylor
Texas Supreme Court
Appeal from Red River. Tried below before the Hon. R. R. Gaines. E. H. Brittan, a hardware merchant in Clarksville, Texas, gave Taylor & Chambers, attorneys, a mortgage on his stock of goods to secure a number of creditors whose claims were in the hands of Taylor & Chambers for collection.
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Appeal from Red River. Tried below before the Hon. R. R. Gaines. E. H. Brittan, a hardware merchant in Clarksville, Texas, gave Taylor & Chambers, attorneys, a mortgage on his stock of goods to secure a number of creditors whose claims were in the hands of Taylor & Chambers for collection. This mortgage was given on the 31st day of October, 1881, and on the 14th day of November following Taylor & Chambers took possession of the goods by virtue of the provisions of the mortgage. On the same day, but after they had acquired possession of the goods, the appellants attached them as the property…
1Opinion of the Court
Willie, Chief Justice.
In the case of First Nat. Bank of Texas v. Lovenberg, Assignee, etc., decided a£few days since, it was held that liens coming within the purview of the seventeenth section of *647the act of March 24, 1879, regulating assignments for the benefit of creditors, were absolutely void. The question in that case arose between the mortgagee and an assignee for the benefit of creditors, and no point was raised as to the constitutionality of the above section of the assignment law.
In the present appeal it is urged that this section is invalid, being within the prohibition of art. 3,…
2Cited by22 opinions
- Garitty v. HalbertCourt of Appeals of Texas · 1921
- Ex parte ModeCourt of Criminal Appeals of Texas · 1915
- Gaines v. WilliamsIllinois Supreme Court · 1893
- County Board of School Trustees of Young County v. Bullock Common School Dist. No. 12Court of Appeals of Texas · 1931
- Avery Sons v. WaplesCourt of Appeals of Texas · 1898
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