Legal Opinion

Frazer v. Thatcher

Texas Supreme Court

Decided July 1, 1878PublishedCited by 8 opinions

Appeal from Colorado. Tried below before the Hon. Livingston Lindsay. This was a suit brought by appellant for 1010 aeres of land, part of the Nelson league, in Colorado county, Texas; being the tract of land set apart by James S. Montgomery to his son, William W. Montgomery, who, while financially embarrassed, on the 15th of January, 1869, conveyed it to Sarah M. Thatcher, his sister, in consideration of $1005, which sum he claimed that he owed his sister;—this being all…

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Appeal from Colorado. Tried below before the Hon. Livingston Lindsay. This was a suit brought by appellant for 1010 aeres of land, part of the Nelson league, in Colorado county, Texas; being the tract of land set apart by James S. Montgomery to his son, William W. Montgomery, who, while financially embarrassed, on the 15th of January, 1869, conveyed it to Sarah M. Thatcher, his sister, in consideration of $1005, which sum he claimed that he owed his sister;—this being all the property owned by him. Mrs. Thatcher, on the 31st day of December, 1869, reconveyed the land to W. W. Montgomery, to…

1Opinion of the Court

Gould, Associate Justice.

There are but three points covered by the assignments of error, and none other will be considered. •"

Reversing their order, and commencing with the third, the question presented, is whether the verdict was unsupported by, or contrary to, the evidence. There were but two material issues of fact: 1st. Was the conveyance from Montgomery to Mrs. Thatcher fraudulent; or was it merely such a preference of one creditor over others as was legitimate ? 2d. Was the deed from Mrs. Thatcher to Montgomery placed in the hands of Cook to be used by him only for a special purpose,…

2Cases cited1 opinion

  1. Blankenship v. DouglasTexas Supreme Court · 1862

3Cited by8 opinions

  1. Bicocchi v. Casey-Swasey Co.Texas Supreme Court · 1897
  2. Edwards v. DicksonTexas Supreme Court · 1886
  3. Roeser & Pendleton, Inc. v. StanoLind Oil & Gas Co.Court of Appeals of Texas · 1940
  4. John B. Hood Camp v. De CordovaTexas Supreme Court · 1898
  5. Iglehart v. P. J. Willis & Bro.Texas Supreme Court · 1883

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