Cantrell v. Dyer
Court of Appeals of Texas
The agreed case was as follows: In the year 1880 T. B. Beard died intestate, leaving Callie his widow, ■and plaintiff Mattie his only living child and sole descendant; the widow qualified during same year as survivor of the community estate, giving a bond as required by law in the sum of $13,472.28; the estate was appraised at $13,472.28 in excess of liabilities.
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The agreed case was as follows: In the year 1880 T. B. Beard died intestate, leaving Callie his widow, ■and plaintiff Mattie his only living child and sole descendant; the widow qualified during same year as survivor of the community estate, giving a bond as required by law in the sum of $13,472.28; the estate was appraised at $13,472.28 in excess of liabilities. Beard was engaged in the banking business at the time of his death; Dyer was acquainted with him, and knew that he was in said business, and also knew his widow and child, all residing in the same town in which he lived. When Callie…
1Opinion of the Court
WILLIAMS, Associate Justice.
The facts of this case are agreed to, ■and are briefly stated in the record, which renders it unnecessary that they be restated here.
The first proposition of law presented by appellants is, in substance, that ■one who purchases real estate through an assignee for the benefit of creditors can not be an innocent purchaser as against the holder of an equitable title with which the legal title, in the hands of the assignor, was charged. It is agreed that appellee bought from one who purchased at the sale by the assignee for the benefit of creditors, paying full value…
2Cases cited5 opinions
- Ayres v. DupreyTexas Supreme Court · 1864
- Parker v. G. Y. Coop.Texas Supreme Court · 1883
- Richardson v. LeviTexas Supreme Court · 1887
- Taylor v. HarrisonTexas Supreme Court · 1877
- Love v. BerryTexas Supreme Court · 1858
3Cited by6 opinions
- Betts v. WardSupreme Court of Alabama · 1916
- Kirby Lumber Corporation v. John W. WilliamsCourt of Appeals for the Fifth Circuit · 1956
- Etheridge v. CampbellTexas Commission of Appeals · 1919
- Saffel v. StateCourt of Criminal Appeals of Texas · 1932
- Gee v. ParksCourt of Appeals of Texas · 1917
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