Day v. Stone
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. Jo Abbott. This suit was brought by Day to recover a small lot of ground in Cleburne, Texas.
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Appeal from Johnson. Tried below before the Hon. Jo Abbott. This suit was brought by Day to recover a small lot of ground in Cleburne, Texas. The plaintiff charged that Isaac Stone, being insolvent, with a view to defraud his creditors, after purchasing the ground, caused the title to be conveyed to his brother, Simon Stone, who lived with him; and with like purpose to defraud, that he induced his brother to convey the ground to him for a nominal consideration, in trust for appellee’s children, with absolute power in Isaac Stone to rent, manage,' sell or otherwise dispose of it. The plaintiff…
1Opinion of the Court
Watts, J. Com. App.—
Appellant assigns as error the overruling of his exceptions to the answer of appellees. It does not become necessary in this case to determine whether or not these exceptions were well taken, for the issues sought to be presented by the portions of the answer to which the exceptions were directed were not submitted by the court as issues in the case. Therefore, if the court erred in the ruling under consideration, it must be considered as an immaterial error; and especially when considered in connection with the charge of the court as to the validity of the judgments,…
2Cases cited5 opinions
- Hall v. . NaylorNew York Court of Appeals · 1859
- Hardy v. De LeonTexas Supreme Court · 1849
- Hendricks v. SnedikerTexas Supreme Court · 1867
- Johnson v. BlountTexas Supreme Court · 1877
- Green v. BanksTexas Supreme Court · 1859
3Cited by14 opinions
- Bell v. BlackwellTexas Commission of Appeals · 1926
- Stowe v. WootenTexas Commission of Appeals · 1933
- Equitable Trust Co. v. RolandCourt of Appeals of Texas · 1982
- Goree v. Uvalde Nat. BankCourt of Appeals of Texas · 1920
- Midland & N. W. Ry. Co. v. Midland Mercantile Co.Court of Appeals of Texas · 1919
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