Dittman v. Weiss Bros.
Texas Supreme Court
Question Ceetified from Court of Civil Appeals for First District, in a case appealed from Colorado County. The statement and question certified are here given.
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Question Ceetified from Court of Civil Appeals for First District, in a case appealed from Colorado County. The statement and question certified are here given. There arises in the above entitled cause, pending before this court, an issue of law which it is deemed advisable to certify to the Supreme Court for adjudication: H. Amthor, on the 13th day of December, 1887, made a deed of assignment for the benefit of such of his creditors as should agree to accept their proportional share of his estate and release him from further liability. The assignee was L. Kauffman, who accepted the trust. On…
1Opinion of the Court
GAINES, Chief. Justice.
It is well settled, as a general rule, that one who claims property which has been conveyed in fraud of creditors, by a title derived from the grantor subsequent to the conveyance, can not maintain an action to set it aside. In accordance with this rule, it has been repeatedly held in this court, that the administrator of the estate of a deceased person can not recover property fraudulently conveyed by his intestate. Wilson v. Demander, 71 Texas, 603, and cases cited. Since the assignee in a voluntary assignment for the benefit of creditors occupies in this particular…
2Cases cited5 opinions
- Shirley v. Waco Tap Railway Co.Texas Supreme Court · 1889
- Keller v. Smalley & HarrisTexas Supreme Court · 1885
- Miller v. KoertgeTexas Supreme Court · 1888
- Wilson v. DemanderTexas Supreme Court · 1888
- Cassaday v. AndersonTexas Supreme Court · 1880
3Cited by16 opinions
- John Hancock Mutual Life Insurance v. MorseTexas Supreme Court · 1939
- First State Bank of Wortham v. BlandCourt of Appeals of Texas · 1927
- Herring-Hall-Marvin Co. v. KroegerCourt of Appeals of Texas · 1900
- Rogers v. RogersCourt of Appeals of Texas · 1921
- Scarborough v. BlountCourt of Appeals of Texas · 1913
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