Humphries v. Freeman
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. A. W. Terrell. This action was brought in the court below, by appellants, creditors of Case, against appellees, to annul and render void, on the ground of fraud, a sale and transfer made by Case to Freeman, of certain articles, to wit, one Coleman’s patent mill and two copper stills and fixtures. Judgment by default was taken against Case, for want of an answer.
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Appeal from Travis. Tried below before the Hon. A. W. Terrell. This action was brought in the court below, by appellants, creditors of Case, against appellees, to annul and render void, on the ground of fraud, a sale and transfer made by Case to Freeman, of certain articles, to wit, one Coleman’s patent mill and two copper stills and fixtures. Judgment by default was taken against Case, for want of an answer. The defendant, Freeman, answered by general denial, and specially by setting forth the transaction, admitting that he had purchased from Case, a Coleman patent mill, two copper stills…
1Opinion of the Court
Wheeler, Ch. J.
It is not questioned, and, indeed, it is quite evident, that the assignment was made with the intention *49on the part of Case, not merely to pay or secure the debt of Freeman, but to reserve and secure a benefit to himself, free of the claims of creditors. He was embarrassed, and indeed, was notoriously insolvent; judgments had been recovered against him, on Avhich numerous executions had been issued; property Avas not found to satisfy them, and some of them were in the hands of officers, ready to be levied upon any of his property that might be discovered. He had erected, near…
2Cited by14 opinions
- Cox v. MillerTexas Supreme Court · 1880
- Traylor v. TownsendTexas Supreme Court · 1884
- Tucker v. HamlinTexas Supreme Court · 1883
- Le Page v. SladeTexas Supreme Court · 1891
- W. C. Belcher Land Mortgage Co. v. ClarkCourt of Appeals of Texas · 1922
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