Arbuckle Bros. Coffee Co. v. Werner & Cohen
Texas Supreme Court
Appeal from Cooke. Tried helow before Hon. F. E. Finer. Appellant obtained a judgment against Werner on ¡November 5, 1886, on an indebtedness contracted by him and his deceased partner in the year 1884, and having had execution issued on said judgment and returned nulla Iona within the time prescribed bylaw, filed its petition, in the District Court of Cooke County on the 27th day of August, 1887, against appellees, to subject to its judgment a certain tract of land…
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Appeal from Cooke. Tried helow before Hon. F. E. Finer. Appellant obtained a judgment against Werner on ¡November 5, 1886, on an indebtedness contracted by him and his deceased partner in the year 1884, and having had execution issued on said judgment and returned nulla Iona within the time prescribed bylaw, filed its petition, in the District Court of Cooke County on the 27th day of August, 1887, against appellees, to subject to its judgment a certain tract of land purchased and paid for by Werner in the year 1886, of one J. M. Lindsay, the title to which was fraudulently taken in the name…
1Opinion of the Court
COLLARD, Judge.
—Plaintiff alleged that Werner, against whom he had a judgment, purchased the land described in the petition from one Lindsay, and to defraud plaintiff, his creditor, caused the deed to be made to Cohen. The prayer was to divest the title out of Cohen and invest it in Werner, and that the same be sold to satisfy plaintiff’s judgment.
The court erred in sustaining exceptions to the petition.
notwithstanding the judgment did not bind the land as security for the debt, nor was there any registration of the judgment under the statute creating a lien (Rev. Stats., title 61, chap. 1),…
2Cases cited2 opinions
- Cassaday v. AndersonTexas Supreme Court · 1880
- Gaines v. National Exchange BankTexas Supreme Court · 1885
3Cited by10 opinions
- Eckert v. WendelTexas Supreme Court · 1931
- Isaacs v. NeeceCourt of Appeals for the Fifth Circuit · 1935
- Douglas v. First National Bank of El DoradoTexas Supreme Court · 1931
- Miller v. GravesCourt of Appeals of Texas · 1945
- Colburn v. WardCourt of Appeals of Texas · 1931
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