Windham v. Patty & Mathews
Texas Supreme Court
Appeal from Callahan, Tried below before the Hon. T. B. Wheeler. C. L. Terry carried on business as a retail merchant in Callahan county, and died intestate. His heirs at law were his widow, Rachel Terry, his son, M. M. Terry, and a minor son who soon afterward died intestate, leaving Rachel Terry and M. M. Terry heirs of the entire estate.
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Appeal from Callahan, Tried below before the Hon. T. B. Wheeler. C. L. Terry carried on business as a retail merchant in Callahan county, and died intestate. His heirs at law were his widow, Rachel Terry, his son, M. M. Terry, and a minor son who soon afterward died intestate, leaving Rachel Terry and M. M. Terry heirs of the entire estate. M. M. Terry took charge of the business, carrying it on in his own name, and using his mother’s means with his own, until May, 1881, when he was closed out by attachment at the instance of his creditors, Leon & H. Blum, who seized said business. His…
1Opinion of the Court
Delany, J. Com. App.
By an agreement of counsel contained in the record, the only issue in the case is “ as to the legality of the-assignment, . . . and the question whether it was or is fraudulent or void as to the defendants Schneider & Davis, and whether the alleged transfer by M. M. Terry and B. Terry to J. E. Thomas, and from him to plaintiffs, was fair, legal and just, and, if there was. fraud or covin in the transfer, whether the plaintiffs were charged with notice of the same.”
The question whether the deed of assignment was made with fraudulent intent was submitted to the jury by the…
2Cases cited4 opinions
- Coffin v. DouglassTexas Supreme Court · 1884
- Leon & H. Blum v. WelborneTexas Supreme Court · 1882
- Keating v. VaughnTexas Supreme Court · 1881
- Carlton, Clark & Co. v. BaldwinTexas Supreme Court · 1859
3Cited by8 opinions
- Bachrack v. NortonSupreme Court of the United States · 1889
- Fant v. ElsburyTexas Supreme Court · 1887
- Commercial Standard Insurance Co. v. Merit Clothing Co.Texas Supreme Court · 1964
- Wagner v. CoenWest Virginia Supreme Court · 1895
- McCart v. MaddoxTexas Supreme Court · 1887
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