Danzey v. Smith
Texas Supreme Court
Appeal from Liberty. The complainants filed their bill of complaint, stating that the complainant Nancy Danzey was tlie widow, and tlie said Rebecca Ann, William N., Julia Ann, and Mary Ann Danzey are the children of Bich-ard Danzey, deceased, late of the county of Liberty.
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Appeal from Liberty. The complainants filed their bill of complaint, stating that the complainant Nancy Danzey was tlie widow, and tlie said Rebecca Ann, William N., Julia Ann, and Mary Ann Danzey are the children of Bich-ard Danzey, deceased, late of the county of Liberty. They complained of William A. Smith and Pamelia Smith, his wife, and of Bryan Danzey that Bichard Danzey, deceased, was a resident citizen of Texas in 18-10; that, with other property, lie was possessed of a certain female slave named Bena and her children; that in and about the year 1845 the said Bichard became greatly…
1Opinion of the CourtLipscoMB, J.
Two questions are presented for our consideration :
1st. Does the petition show no cause of action or grounds of relief?
2d. Was tiie petition so utterly had as to preclude all possibility of its being so amended as to give a right of action ?
The petition sets out a conveyance made with an intent to defeat and defraud creditors. It can hear no other construction, as it alleges that the pretended vendor was greatly embarrassed by his debts, and that lie made tiie conveyance to prevent a sacrifice of his property, without receiving- any consideration therefor. Now, if this be true, there can be.…
2Cited by4 opinions
- Beene v. National Liquor Co.Court of Appeals of Texas · 1916
- Keystone Pipe & Supply Co. v. Liberty Refining Co.Texas Commission of Appeals · 1924
- Hartzell v. JonesTexas Commission of Appeals · 1881
- Keystone Pipe & Supply Co. v. Liberty Refining Co.Texas Commission of Appeals · 1924