Iglehart v. P. J. Willis & Bro.
Texas Supreme Court
Appeal from De Witt. Tried below before the Hon. H. Clay Pleasants. Appellants were in possession of a stock of goods, wares and merchandise conveyed in trust to Iglehart by an insolvent debtor (John Owens), to be sold to pay the debt due to appellants, amounting to about $4,500. Appellees, other creditors of Owens, sued out an attachment against him and procured its levy on the stock of goods in appellants’ possession.
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Appeal from De Witt. Tried below before the Hon. H. Clay Pleasants. Appellants were in possession of a stock of goods, wares and merchandise conveyed in trust to Iglehart by an insolvent debtor (John Owens), to be sold to pay the debt due to appellants, amounting to about $4,500. Appellees, other creditors of Owens, sued out an attachment against him and procured its levy on the stock of goods in appellants’ possession. Appellants claimed the property attached under “trial of right of property.” This was the suit under the issues joined, and the case was tried by the court and judgment…
1Opinion of the Court
West, Associate Justice.
The court erred, under the state of the pleadings and the proof in the case, in giving judgment in favor of the appellee Wallace against the appellants. His claim on the fund sought to be subjected to the payment of the creditors, who are before the court, was not, it appears from the evidence, entitled of itself on its face to any preference over that of the appellants. His transfer or deed of trust upon the goods, that were afterwards attached in the hands of the appellants by the other appellees, recognized on its face the right of appellants to satisfaction before…
2Cases cited1 opinion
- Frazer v. ThatcherTexas Supreme Court · 1878
3Cited by4 opinions
- Bicocchi v. Casey-Swasey Co.Texas Supreme Court · 1897
- Edwards v. DicksonTexas Supreme Court · 1886
- Owens v. ClarkTexas Supreme Court · 1890
- Sparks v. PonderCourt of Appeals of Texas · 1906