Hunt v. Butterworth
Texas Supreme Court
Appeal from Galveston. Tried below before Hon. N. H. The appellant, as administrator of the estate of John D. Amis, deceased, brought this suit to recover certain slaves then in the possession of the appellees.
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Appeal from Galveston. Tried below before Hon. N. H. The appellant, as administrator of the estate of John D. Amis, deceased, brought this suit to recover certain slaves then in the possession of the appellees. His petition alleges the insolvency of the estate of Ms intestate, and charges that the conveyance to Mary E. Butterworth, under which the parties in possession hold, was voluntary and fraudulent against the creditors of Amis ; that Amis died in possession ; that the title to the slaves is yet in the estate he represents and are assets to meet the demands of creditors, and that he is…
1Opinion of the CourtWheeler, J.
Although it appears by the record that the Court heard evidence, and thereupon dismissed the case, “ because it appears to the Court that the plaintiff has no right to maintain his action herein,” it is sufficiently apparent, that the Court did not pronounce its judgment upon the merits of the case as disclosed by the evidence; for, had that been the case, the judgment would not have been that the petition be dismissed, and the defendant go hence, &c., as upon a judgment sustaining a demurrer or exceptions to the petition ; but judgment would have been rendered for the defendant, as on a…
2Cited by4 opinions
- Hart v. RustTexas Supreme Court · 1877
- Wilson v. DemanderTexas Supreme Court · 1888
- First Nat. Bank of Fort Worth v. John Hancock Mut. Life Ins. Co.Court of Appeals of Texas · 1937
- Hayes v. FryMissouri Court of Appeals · 1904