Legal Opinion

Tittle v. Vanleer

Texas Supreme Court

Decided February 10, 1896No. 238PublishedCited by 23 opinions

• Error to Court of Civil Appeals for Second District, in an appeal from Greer county. This suit was brought by Vanleer to recover the value of certain goods transferred to him by Duke & Dodson through the instrument construed by the court in the opinion herein and taken from his possession by the sheriff by attachment at suit of a creditor of Duke and Dodson, the sheriff, Tittle, and the attaching creditor being made parties defendant.

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• Error to Court of Civil Appeals for Second District, in an appeal from Greer county. This suit was brought by Vanleer to recover the value of certain goods transferred to him by Duke & Dodson through the instrument construed by the court in the opinion herein and taken from his possession by the sheriff by attachment at suit of a creditor of Duke and Dodson, the sheriff, Tittle, and the attaching creditor being made parties defendant. The trial court overruled an exception to the petition on the ground that it failed to allege acceptance of the transfer by any of the beneficiaries.…

1Opinion of the Court

December 14, 1891, F.B. Duke and W.T. Dodson, composing the firm of Duke, Dodson Co., executed and delivered to M.L. Vanleer an instrument in writing which divested of unnecessary verbiage is as follows: "Know all men by these presents, that we, F.B. Duke and W.T. Dodson, composing the firm of Duke, Dodson Co., in consideration of one dollar, to us paid by Vanleer, for the uses and upon the trust herein mentioned, and by these presents doth sell, convey and deliver to said M.L. Vanleer forever, (here follows description of real and personal property.)

To have and to hold unto him the said M.L.…

2Cases cited3 opinions

  1. Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
  2. Johnson v. J. M. Robinson & Co.Texas Supreme Court · 1887
  3. Stiles v. Hill, Fontaine & Co.Texas Supreme Court · 1884

3Cited by23 opinions

  1. Cheek v. MetzerTexas Supreme Court · 1927
  2. Humble Oil & Refining Co. v. AtwoodTexas Supreme Court · 1951
  3. Missouri, K. T. Ry. Co. of Tex. v. St.Court of Appeals of Texas · 1925
  4. Stone v. RobinsonCourt of Appeals of Texas · 1915
  5. Palmetto v. Lumber Co. v. GibbsCourt of Appeals of Texas · 1932

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