Ross v. Hogan
Texas Commission of Appeals
Appeal from McLennan county. Opinion by Watts, J. Statement.— [We adopt the statement of the appellants’ counsel, as found in their brief, the same being correct.] In which the court states, in substance, that it was shown that before the levy Winn had sold to plaintiff, Hogan, and was in possession of the goods. That they had been conveyed by a valid conveyance; that the evidence does not tend to show that, as between Winn and Hogan, it was not the intent to pass the title.
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Appeal from McLennan county. Opinion by Watts, J. Statement.— [We adopt the statement of the appellants’ counsel, as found in their brief, the same being correct.] In which the court states, in substance, that it was shown that before the levy Winn had sold to plaintiff, Hogan, and was in possession of the goods. That they had been conveyed by a valid conveyance; that the evidence does not tend to show that, as between Winn and Hogan, it was not the intent to pass the title. It was not shown that Winn was insolvent, nor that the sale was made to defraud Winn’s creditors. That the writ of…
1Opinion of the Court
Opinion.'—See Smith v. Warren,1 decided by us at the present term. In the case before us the court, sitting as a jury, heard the testimony of the witnesses, had an opportunity to observe their manner, and was enabled to determine their credibility, and the weight to be attached to the statements of each witness.
The court determined that the appellee and his witnesses were credible, and that their statements were entitled to full "weight. The finding of the court in these particulars is conclusive.
The court also, as a conclusion from the whole testimony, after weighing the same and giving to…
2Cases cited1 opinion
- Smith v. WarrenTexas Supreme Court · 1883