Fant v. Elsbury
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. It may be stated, in addition to facts in the opinion, that Schedule A, referred to therein, gave a list of preferred debts aggregating twelve thousand three hundred and eleven dollars and twenty-six cents, and schedule B, attached to the deed of assignment, gave a list of the debts not preferred, amounting to one thousand five hundred dollars.
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Appeal from Harris. Tried below before the Hon. James Masterson. It may be stated, in addition to facts in the opinion, that Schedule A, referred to therein, gave a list of preferred debts aggregating twelve thousand three hundred and eleven dollars and twenty-six cents, and schedule B, attached to the deed of assignment, gave a list of the debts not preferred, amounting to one thousand five hundred dollars. The debts mentioned in these two exhibits were all the debts owing by Dunn. Under this deed of assignment Elsbury at once took possession of the property assigned, the greater part of…
1Opinion of the Court
Willie, Chief Justice.
John J. Fant, as sheriff of Harris *4county, levied a writ of attachment, issued in the suit of Louis Schwartz v. D. W. 0. Dunn, upon a stock of goods found in the possession of Thomas Elsbury, and sold them in satisfaction of the debt for the recovery of which that suit was instituted. Elsbury brought this suit to recover of Fant and the sureties upon his official bond damages for the seizure of the goods, claiming them under a deed of assignment executed to him by Dunn for the benefit of the latter’s creditors. This deed bore date June 21, 1884, and conveyed to Elsbury…
2Cases cited1 opinion
- Windham v. Patty & MathewsTexas Supreme Court · 1884
3Cited by14 opinions
- Tracy v. TufflySupreme Court of the United States · 1890
- Johnson v. StarSupreme Court of the United States · 1933
- Laird v. Weiss Bros.Texas Supreme Court · 1892
- Ph&338bus v. ConnelleeCourt of Appeals of Texas · 1921
- Commercial Standard Insurance Co. v. Merit Clothing Co.Texas Supreme Court · 1964
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