Davis v. Beason
Texas Supreme Court
Appeal from Llano. Tried below before Hon. A. W. Moursund. Suit by appellant as assignee of W. P. Higdon, filed May 13,1887, against appellee Ben. F. Beeson as sheriff of Llano County and his sureties on his official bond for $910 damages for illegal seizure of a stock o'f merchandise and some cattle and horses by appellee under a writ of sequestration from County Court of Llano County in case of Texas Trading Company v. W. P. Higdon.
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Appeal from Llano. Tried below before Hon. A. W. Moursund. Suit by appellant as assignee of W. P. Higdon, filed May 13,1887, against appellee Ben. F. Beeson as sheriff of Llano County and his sureties on his official bond for $910 damages for illegal seizure of a stock o'f merchandise and some cattle and horses by appellee under a writ of sequestration from County Court of Llano County in case of Texas Trading Company v. W. P. Higdon. Appellant claimed that at time the sequestration was issued and levied Higdon had made an assignment to him and that he was in possession of the goods, etc., of…
1Opinion of the Court
HOBBY, Judge.—
It will be seen from the foregoing statement that the salient questions involved and upon which the case turns are: Was there an actual sale and delivery of the goods by W. P. Higdon to appellee *607the Texas Trading Company at the time of the assignment made by him to appellant Davis of the same property? If not, the judgment is erroneous. But if this be affirmati vely determined, then it becomes necessary to ascertain whether this was a fraudulent sale of the property. If so, the judgment would also be erroneous and should be reversed. If, however, in addition to an actual sale it…
2Cases cited1 opinion
- P. J. Peters Saddlery & Harness Co. v. Schoelkopf & Co.Texas Supreme Court · 1888
3Cited by1 opinion
- E. Epstein & Co. v. Meter Bros. Drug Co.Texas Supreme Court · 1891