Van Bibber v. Mathis
Texas Supreme Court
Appeal from San Patricio. Tried below before the Hon. H. Clay Pleasants. Suit in the District Court of San Patricio county, by John Van Bibber against John M. Mathis et al., in trespass to try title. Van Bibber obtained a judgment in the District Court of Victoria county on March 16, 1867, against John Pollan and McD.
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Appeal from San Patricio. Tried below before the Hon. H. Clay Pleasants. Suit in the District Court of San Patricio county, by John Van Bibber against John M. Mathis et al., in trespass to try title. Van Bibber obtained a judgment in the District Court of Victoria county on March 16, 1867, against John Pollan and McD. Venable, which was founded on a note executed by Venable to Pollan on tbe 10th of January, 1860, due in three years from date, and indorsed by Pollan to Van Bibber before maturity. This judgment was for $1,400.82, and by it the vendor’s lien was established and foreclosed upon a…
1Opinion of the Court
Bonner, Associate Justice.
The fact that John Pollan ivas considerably indebted at the date of his several voluntary deeds to his children, made prior to that to Minerva Stockley, dated May 11,1876, did not necessarily make those deeds void as to appellant Van Bibber, the judgment plaintiff. •
Such indebtedness would be a badge of fraud and a circumstance, in connection with others surrounding the transaction, to be submitted to the jury to determine whether or not the intention of John Pollan was fraudulent. (1 Story’s Eq. Jur., sees. 858-365, inclusive, and authorities cited in notes.)
Under…
2Cases cited3 opinions
- Willis v. MatthewsTexas Supreme Court · 1877
- A. Peiser & Co. v. PeticolasTexas Supreme Court · 1879
- Bryant v. KeltonTexas Supreme Court · 1846
3Cited by9 opinions
- Henry S. Miller Company v. EvansTexas Supreme Court · 1970
- Lewis v. SimonTexas Supreme Court · 1889
- Quarles v. HardinTexas Commission of Appeals · 1923
- Collett v. Houston T. C. R. Co.Court of Appeals of Texas · 1916
- Farmers & Merchants Bank v. DaikerSupreme Court of Iowa · 1914
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