Thornton v. Tandy
Texas Supreme Court
Appeal from Lavaca. Tried below before the Hon. W. H. Burkhart. This is a case of trial of the right of property, and the testimony disclosed the following material facts, viz.: “That J. A. Smith, the defendant in execution and vendor of the property in litigation, was insolvent; that he was indebted to Woods in the sum of fourteen hundred dollars, on a note executed by himself, with Tandy as security, on the twenty-ninth day of July, 1861, upon which note judgment was…
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Appeal from Lavaca. Tried below before the Hon. W. H. Burkhart. This is a case of trial of the right of property, and the testimony disclosed the following material facts, viz.: “That J. A. Smith, the defendant in execution and vendor of the property in litigation, was insolvent; that he was indebted to Woods in the sum of fourteen hundred dollars, on a note executed by himself, with Tandy as security, on the twenty-ninth day of July, 1861, upon which note judgment was rendered subsequent to the inception of this case. Tandy had, however, made several payments upon the note before judgment,…
1Opinion of the CourtOgden, P. J.
This is a suit for the trial of the right to certain property seized under attachment in favor of appellant, as the property of J. A. Smith. That a party in failing circumstances may prefer one or more creditors by conveying a portion or all of his property to him or them, to the exclusion of other creditors, provided the transaction be bona jfide, is an elementary principle of law, repeatedly recognized by this court. And the fact that the transferree has knowledge that the debtor is insolvent, and that the assignment to him will delay and even defeat the claim of other creditors, will not…
2Cases cited1 opinion
- Garrahy v. GreenTexas Supreme Court · 1869