Hoeser v. Kraeka
Texas Supreme Court
Error from Washington. The case was tried before Hon. Egbert E. B. Baylor, one of the district judges. On the 3d day of January, 1856, Hath aniel Hoeser executed his hill of sale to Augustus Kraeka to a wagon, oxen, horses, cattle, and other chattels, of the alleged value of $2,500. The defendant said that this bill of sale was without consideration, and was made to protect the property against a certain indebtedness, so as to save it to the family of the donor; that the…
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Error from Washington. The case was tried before Hon. Egbert E. B. Baylor, one of the district judges. On the 3d day of January, 1856, Hath aniel Hoeser executed his hill of sale to Augustus Kraeka to a wagon, oxen, horses, cattle, and other chattels, of the alleged value of $2,500. The defendant said that this bill of sale was without consideration, and was made to protect the property against a certain indebtedness, so as to save it to the family of the donor; that the property was never delivered, &c. However, the deed was proved by one witness, who swore that it was “a sham,” and it was…
1Opinion of the CourtWillie, J.
It appears very clearly from the evidence in this case that the conveyance from plaintiff in error to Mrs. Kraeka, was made in fraud of creditors; it was, therefore, void as to them. The only question for our consideration is, can it be enforced by the grantee against the fraudulent grantor?
Our statute of frauds declares such instruments void only as to the parties whose rights may be prejudiced thereby; and it has frequently been held under this statute, that against the grantor, and those claiming under him with notice of the fraud, such conveyances are valid and binding. (Danzy v. Smith, 4…
2Cases cited6 opinions
- Hamilton v. WardTexas Supreme Court · 1849
- Robinson v. MartelTexas Supreme Court · 1853
- Rochelle v. HarrisonSupreme Court of Alabama · 1839
- Lewis v. CastlemanTexas Supreme Court · 1864
- Epperson v. YoungTexas Supreme Court · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hall v. EdwardsTexas Commission of Appeals · 1920
- Clemens v. ClemensWisconsin Supreme Court · 1871
- Cole v. CrawfordTexas Supreme Court · 1887
- Lang v. DoughertyTexas Supreme Court · 1889
- Markum v. MarkumCourt of Appeals of Texas · 1919
22 more not listed; retrieve them via the Exa API.