Legal Opinion

Marsalis v. Oglesby

Court of Appeals of Texas

Decided April 6, 1882No. 2233, R. Book No. 4, p. 221PublishedCited by 2 opinions

Appeal from Collin County.

1Opinion of the Court

Opinion by

Willson, J.

§ 256. Assignment for the benefit of creditors. It is well settled that an assignment for the benefit of creditors is one “ upon consideration deemed valuable in law,” and is not embraced within the denunciation of the statute upon frauds and fraudulent conveyances. [Eev. Stats, art. 2466.] In such an assignment the real consideration is the debts due the creditors, and these constititute a consideration deemed valuable in law in the highest sense of the term. [Halsey v. Whitney, 4 Mason, 206; Hall v. Denison, 17 Vermont, 310; Lawrence v. Davis, 3 McLean, 177; Bend v.…

2Cases cited14 opinions

  1. International & Great Northern Railroad v. HallorenTexas Supreme Court · 1880
  2. Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
  3. Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
  4. Hardcastle v. FisherSupreme Court of Missouri · 1856
  5. Read v. RobinsonSupreme Court of Pennsylvania · 1843

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3Cited by2 opinions

  1. Taylor v. StateCourt of Criminal Appeals of Texas · 1974
  2. Taylor v. StateCourt of Criminal Appeals of Texas · 1974

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