Linn v. Wright
Texas Supreme Court
Error from Victoria. Tried below before the Hon. Fielding Jones. This was a trial of the right of property in a stock of goods, wares and merchandise, levied upon by virtue of executions in favor of the defendants in error against Lavius F. Chapman, and claimed by the plaintiff in error as his property. It was before this Court once before, in 1856, on a writ of error by the present defendants in error, and the decision then made will be found reported in 16 Tex.
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Error from Victoria. Tried below before the Hon. Fielding Jones. This was a trial of the right of property in a stock of goods, wares and merchandise, levied upon by virtue of executions in favor of the defendants in error against Lavius F. Chapman, and claimed by the plaintiff in error as his property. It was before this Court once before, in 1856, on a writ of error by the present defendants in error, and the decision then made will be found reported in 16 Tex. R. 34. The affidavit of Linn’s claim, stated that the sheriff did, on the 23d day of April, 1853. by virtue of the following…
1Opinion of the CourtWheeler, J.
The principal questions respecting the admissibility of evidence to invalidate the assignment, were deter*336mined when the case was before us on a former appeal. The rulings of the Court appear to have been in accordance with the opinion then delivered in the case, and, it is conceived, the well-settled rules of evidence upon the question of fraudulent intent in the making of a deed. Unquestionably the deed is tobe received in the light of surrounding circumstances, in order to arrive at the real intention of the parties. Unquestionably the assignor, remaining in possession of the goods to…
2Cited by16 opinions
- International & Great Northern Railway Co. v. WelchTexas Supreme Court · 1893
- Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
- American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
- Sparks v. DawsonTexas Supreme Court · 1877
- Meyer v. Galveston, H. & S. A. Ry. Co.Texas Commission of Appeals · 1932
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