Thompson v. Tinnin
Texas Supreme Court
Appeal from Travis. Tried below before Hon. A. W. Terrell, one of the district judges. This was an injunction suit, brought by Tinnin to enjoin sales under levies made by virtue of executions upon certain partnership property of petitioner and his partner, E. Irvine, to satisfy judgments against said Irvine, which were the separate debts of the latter.
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Appeal from Travis. Tried below before Hon. A. W. Terrell, one of the district judges. This was an injunction suit, brought by Tinnin to enjoin sales under levies made by virtue of executions upon certain partnership property of petitioner and his partner, E. Irvine, to satisfy judgments against said Irvine, which were the separate debts of the latter. The petition alleged, that said partnership was formed on the 16th day of April, 1857; that in September, 1857, executions were issued to satisfy three several judgments against said Irvine, one of which was in favor of J. B. Powell, for the…
1Opinion of the CourtRoberts, J.
—Can partners, after a levy of executions on partnership property, to satisfy a separate debt of one partner, dissolve the partnership, make a settlement of their joint effects, in which the debtor partner is paid over, for his share, an amount in property (other than that levied *61on) greater than the amount of the executions, and thereby defeat the levies so made?
The judgment in this case is founded on the affirmative of this interrogatory proposition.
The verdict of the jury states that the property levied on belonged to the partnership, which was in existence at the time of the levy, and…
2Cited by2 opinions
- Messner v. GiddingsTexas Supreme Court · 1886
- Western Nat. Bank of Hereford v. WalkerCourt of Appeals of Texas · 1918