Lehmberg v. Biberstein
Texas Supreme Court
Appeal from Llano. Tried below before the Hon. W. A. Blackburn. A. Biberstein, plaintiff below, who was a creditor of and obtained a judgment against the defendant Carl Lehmberg, and had, upon levy and sale under execution of certain lands as the property of defendant, become the purchaser of the same, brought this suit in Llano county, where the defendants lived, to cancel and set aside certain deeds of conveyance of the lands, wdiich were situated in San Saba county.
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Appeal from Llano. Tried below before the Hon. W. A. Blackburn. A. Biberstein, plaintiff below, who was a creditor of and obtained a judgment against the defendant Carl Lehmberg, and had, upon levy and sale under execution of certain lands as the property of defendant, become the purchaser of the same, brought this suit in Llano county, where the defendants lived, to cancel and set aside certain deeds of conveyance of the lands, wdiich were situated in San Saba county. The deeds of conveyance (one from Lehmberg to Pryor, dated October 21, 1875, and one from Pryor, and made at the instance of…
1Opinion of the Court
Gould, Associate Justice.
The court instructed the jury to find for the plaintiff if the conveyance by Carl Lehmberg to his children was made for the purpose of hindering, delaying, or defrauding his creditors. Under the pleadings and evidence, it was an issue of fact for the jury whether any part of plaintiff’s claim on Carl Lehmberg was in existence at the time of said conveyance, or whether his entire claim was not acquired subsequently to the conveyance assailed and with notice thereof. Such being the state of the issue as to *462plaintiff’s right as a creditor to assail the conveyance, the…
2Cases cited2 opinions
- Martel v. HernsheimTexas Supreme Court · 1852
- Lewis v. CastlemanTexas Supreme Court · 1864
3Cited by20 opinions
- Henry S. Miller Company v. EvansTexas Supreme Court · 1970
- Lewis v. SimonTexas Supreme Court · 1889
- State v. WynnTexas Supreme Court · 1957
- State v. WynneTexas Supreme Court · 1957
- Rosenbaum v. EvansWashington Supreme Court · 1911
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