Bailey v. Mills
Texas Supreme Court
Error from Polk. Tried below before the Hon. J. M. Maxcy. Issue on garnishment between the defendants in error, who were judgment creditors of A. P. Bailey, and the plaintiff in error, garnishee. On the 4th day of May, 1855, Alphonso P. Bailey executed to Nathaniel Bailey, a deed of trust assigning to him a number of notes and accounts, and conveying his other assets-, consisting of a-stock of merchandise and other personal property.
Read the full summary
Error from Polk. Tried below before the Hon. J. M. Maxcy. Issue on garnishment between the defendants in error, who were judgment creditors of A. P. Bailey, and the plaintiff in error, garnishee. On the 4th day of May, 1855, Alphonso P. Bailey executed to Nathaniel Bailey, a deed of trust assigning to him a number of notes and accounts, and conveying his other assets-, consisting of a-stock of merchandise and other personal property. A schedule of the assets assigned was embodied in the deed, and exhibited their total value as nine thousand seven hundred and sixty-three dollars and…
1Opinion of the CourtBell, J.
It is not important to consider whether or not the *437court below erred in overruling the motion for a continuance of the cause made by the garnishee, Nathaniel Bailey. We are of opinion that there is error in the judgment, for which it must be reversed, on other ground, and if there be any deficiency in the record of the District Court for Galveston county, that deficiency can, doubtless, be supplied before another trial.
We think the court below erred in the instruction to the jury. The court told the jury that “a debtor can make no assignment of any part of his property in trust for himself.…
2Cited by14 opinions
- Standard Fire Insurance Co. v. ReeseTexas Supreme Court · 1979
- Edwards v. DicksonTexas Supreme Court · 1886
- Hudson v. MorrissTexas Supreme Court · 1881
- Hough v. HillTexas Supreme Court · 1877
- Scott v. AlfordTexas Supreme Court · 1880
9 more not listed; retrieve them via the Exa API.