Orr & Lindsey Shoe Co. v. Ferrell

Willie, Chief Justice.

This case turns upon the construction of the deed of assignment made by W. H. Shepperd and R. L. Ferrell to Gr. C. Ferrell, for the benefit of their creditors. It is claimed by the appellant that the deed is void because it passes partnership property only, and provides for the discharge, of the assignors. The deed does provide for a discharge by consenting creditors, and, if it conveys partnership property only, is void under the decision in Donoho v. Fish Brothers, 58 Texas, 164.

The deed is in all material respects similar to the one passed upon in the case of Coffin…