Martin-Brown Co. v. Wainscott
Texas Supreme Court
Appeal from Montague. Tried below before the Hon. F. E. Finer. This suit was a trial of the right to a stock of goods levied upon as the property of A. J. Milburn, of Denver, Montague county, Texas, the attachment being issued at the suit of the Martin-Brown Go., of Ft. Worth, plaintiff below. Appellees, Wainscott & Purviance, claimed the goods as purchasers in good faith and without notice of Milburn’s insolvency.
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Appeal from Montague. Tried below before the Hon. F. E. Finer. This suit was a trial of the right to a stock of goods levied upon as the property of A. J. Milburn, of Denver, Montague county, Texas, the attachment being issued at the suit of the Martin-Brown Go., of Ft. Worth, plaintiff below. Appellees, Wainscott & Purviance, claimed the goods as purchasers in good faith and without notice of Milburn’s insolvency. A sufficient replevy bond being given, a trial of the right of property was had, which resulted in favor of appellees. The first, second and eighth assignments of error were: “The…
1Opinion of the Court
Willie, Chief Justice.
The first, second and eighth assignments-of error are too general, and. under the rules of this court, cannot be considered. As to the fourth assignment, there is nothing in the record to show that exceptions were sustained or even taken to the issues tendered by the plaintiff below. There is in the transcript what purports to be issues tendered by the plaintiff, but there is nothing to show what ever became of them. The cause was tried upon issues agreed upon in a writing signed by both plaintiff’s and defendants’ counsel. This indicates, without proof to the contrary,…
2Cited by2 opinions
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