Tinsley v. Carey, Reese & Co.
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. The facts of this case will be found very fully stated in the report of the' former appeal, 22 Texas Reports, 383. When the case was remanded upon that appeal, the plaintiffs, Tinsley and Branch, amended their petition, and charged that the transfer made to Parker by Lovett of his judgment against Pennell and Tinsley was in fraud of Lovett’s creditors.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. The facts of this case will be found very fully stated in the report of the' former appeal, 22 Texas Reports, 383. When the case was remanded upon that appeal, the plaintiffs, Tinsley and Branch, amended their petition, and charged that the transfer made to Parker by Lovett of his judgment against Pennell and Tinsley was in fraud of Lovett’s creditors. It was also in evidence at this trial that the sheriff, Harris, after examining that transfer and satisfying himself of the facts in other respects, declined to levy the…
1Opinion of the CourtWheeler, C. J.
The principal questions arising upon the merits of this case were decided on a former appeal, (Carey v. Tinsley, 22 Tex., 383.)
After the case was remanded, the plaintiffs amended their petition, alleging that the assignment by Lovett of his judgment against Pennell was in fraud of the creditors of the former. This question was submitted by the court to the jury, and decided by them adversely to the plaintiff. It is now insisted that the assignment was a contrivance to preventthe sureties of Lovett from receiving the benefit of that judgment in satisfaction of the judgment of Carey, Reese &…
2Cases cited1 opinion
- Carey v. TinsleyTexas Supreme Court · 1858
3Cited by4 opinions
- Lott v. KingTexas Supreme Court · 1891
- Rangel v. StateCourt of Appeals of Texas · 1887
- Coates v. StateCourt of Appeals of Texas · 1877
- Kennedy v. StateCourt of Appeals of Texas · 1885