LeGierse & Co. v. Whitehurst
Texas Supreme Court
Appeal from. Bell. Tried below before the Hon. B. W. Bimes. This was an action for the trial of the right of property to the stock of goods of D. M. Barnwell. On September 28, 1882, the goods were seized under attachment for the appellants. The appellee, Whitehurst, claimed to have bought the goods of Barnwell, on September 27, 1882, and that he was an innocent purchaser.
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Appeal from. Bell. Tried below before the Hon. B. W. Bimes. This was an action for the trial of the right of property to the stock of goods of D. M. Barnwell. On September 28, 1882, the goods were seized under attachment for the appellants. The appellee, Whitehurst, claimed to have bought the goods of Barnwell, on September 27, 1882, and that he was an innocent purchaser. The finding of fact by the court was as follows: “I find as a fact that Whitehurst, claimant, purchased the goods in controversy of D. M. Barnwell on September 27, 1882, and the goods were seized on September 28, 1882, under…
1Opinion of the Court
Robertson, Associate Justice.
If the stock of merchandise sold to Whitehurst was the only property subject to his debts owned by Barnwell at the time of the sale, the necessary effect of the sale would be to place him in a position to defy his creditors. The custom of merchants, in carrying on such business as Barnwell’s, to buy upon credit, would ordinarily give to the purchaser of his goods notice that he was, more or less, in debt at the time of the sale. If, therefore, Barnwell was, in fact, insolvent, such a sale as that made to Whitehurst would be well calculated to arouse suspicion, and…
2Cases cited1 opinion
- Blum v. SimpsonTexas Supreme Court · 1886
3Cited by6 opinions
- Mack v. NewtonCourt of Appeals for the Fifth Circuit · 1984
- Estate of Stonecipher v. Estate of ButtsTexas Supreme Court · 1979
- Harding v. Lewis, Texas Court of Appeals, 13th District2003
- Rachofsky v. RachofskyCourt of Appeals of Texas · 1918
- Ray Harding v. George C. Lewis, Texas Court of Appeals, 13th District2003
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