McIlhenny Co. v. Miller
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. W. H. Blackburn. T. P. Lockhart, by deed of assignment conveyed his property to S. W. Miller, for the benefit of such of his creditors as would consent to accept their proportionate share of his estate and release him. Miller immediately qualified as assignee according to law, and took possession of the property assigned.
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Appeal from Bell. Tried below before the Hon. W. H. Blackburn. T. P. Lockhart, by deed of assignment conveyed his property to S. W. Miller, for the benefit of such of his creditors as would consent to accept their proportionate share of his estate and release him. Miller immediately qualified as assignee according to law, and took possession of the property assigned. Mcllhenny Company afterwards caused an attachment to issue and had it levied on the property in Miller’s possession. Miller filed affidavit and bond for the trial of the right of property. McHhenny Company alleged on the trial…
1Opinion of the Court
Stayton, Associate Justice.
The assignment in this case, from the provisions contained in the deed through which it was-made, was intended to be in compliance with the act of March 24, 1879, and the amendments thereto, and, while it does not in terms declare that the property enumerated in it is all that the assignor owned at the time, except such as was exempt from forced sale, yet, loooking to the whole instrument, we are of the opinion that it must be considered a statutory assignment.
There is nothing which restricts its operation upon all the property owned by the assignor, and being…
2Cases cited1 opinion
- Donoho v. Fish Bros. & Co.Texas Supreme Court · 1882
3Cited by4 opinions
- Moore v. Waco Building Assn.Court of Appeals of Texas · 1898
- August A. Busch Co. v. CaufieldCourt of Appeals of Texas · 1911
- Turley v. TobinCourt of Appeals of Texas · 1928
- Turley v. TobinCourt of Appeals of Texas · 1928