Carter v. Hubbard
Texas Supreme Court
Appeal from Fayette. Tried below before Hon. H. Teichmueller. The statement of the case by appellant is adopted. In August, 1888, Mrs. P. W. Davis, a single person, died, leaving an independent will, with Evander Hubbard executor, who duly qualified as such. Prior to making the will she gave J. B. Cox all the property she had, which consisted of about 40 acres of land and $1000 in money; she also gave the same to Hubbard by and through her will.
Read the full summary
Appeal from Fayette. Tried below before Hon. H. Teichmueller. The statement of the case by appellant is adopted. In August, 1888, Mrs. P. W. Davis, a single person, died, leaving an independent will, with Evander Hubbard executor, who duly qualified as such. Prior to making the will she gave J. B. Cox all the property she had, which consisted of about 40 acres of land and $1000 in money; she also gave the same to Hubbard by and through her will. Hubbard having gotten possession of the deed conveying the land to Cox, and also the $1000, refused to surrender it. Cox thereupon brought a suit…
1Opinion of the Court
GAINES, Associate Justice.
This suit was brought by the appellant as a creditor of the estate of Mrs. P. W. Davis, deceased, against appellee Hubbard as executor of her will, and against appellee Cox to cancel a deed made by the testatrix in her lifetime to Cox, and to have a sum of money, in amount $1000, in the hands of the executor, but claimed by Cox as having been given to him by the testatrix, adjudged the property of the estate.
The amount of plaintiff’s claims against the estate was less than $500.
It was alleged that the conveyance was fraudulent as to creditors. In the original…
2Cases cited10 opinions
- Blum v. StrongTexas Supreme Court · 1888
- Barnes v. WhiteTexas Supreme Court · 1880
- Edrington v. AllsbrooksTexas Supreme Court · 1858
- Girardin v. DeanTexas Supreme Court · 1878
- Stein v. Frieberg, Klein & Co.Texas Supreme Court · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- City of Fort Worth v. ZanecettiTexas Commission of Appeals · 1930
- Warren v. KohrCourt of Appeals of Texas · 1901
- Spiller v. HollingerCourt of Appeals of Texas · 1911
- Gulf & Brazos Valley Railway Co. v. WinderCourt of Appeals of Texas · 1901
- Beauchamp v. ParrishCourt of Appeals of Texas · 1912
3 more not listed; retrieve them via the Exa API.