Patty, Joiner & Co. v. City Bank of Sherman

LIGHTFOOT, Chief Justice.

On December 13, 1893, J. F. Fuller, a merchant at Howe, Texas, executed to J. R. McMahan a deed of assignment, conveying to him all of his property subject to forced sale, for the benefit of such of bis creditors as would accept under it and release him. The assignee immediately accepted the trust, qualified according to law and took possession of the property. At the date of the assignment Fuller was insolvent. He was indebted to appellants, all of whom refused to accept under the assignment, and who brought suits upon their claims and recovered judgments against…