Geo. Seligson & Co. v. Brown & Brown
Texas Supreme Court
Appeal from Grimes. Tried below before the Hon. John Kennard. Suit for trial of the right of property under the statute. On November 25, A. D. 1881, appellants brought suit in the district court of Grimes county against Joel T. Smith, on a sworn account, and- obtained an attachment on the ground that Smith had disposed of his property in whole or in part with intent to defraud his creditors.
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Appeal from Grimes. Tried below before the Hon. John Kennard. Suit for trial of the right of property under the statute. On November 25, A. D. 1881, appellants brought suit in the district court of Grimes county against Joel T. Smith, on a sworn account, and- obtained an attachment on the ground that Smith had disposed of his property in whole or in part with intent to defraud his creditors. The writ of attachment was levied upon goods in the storehouse of appellees Brown & Brown. Appellees filed their claimants’- oath and bond, and the attached property was delivered to them. Smith made…
1Opinion of the Court
Willie, Chief Justice.—
The special charge given by the court below at the request of appellants holds in effect that a debtor in failing circumstances may dispose of his property for a valuable consideration, and place it beyond the reach of his creditors, provided he intends to use the money received for it in the payment of his debts. That such an intention expressed to the purchaser will save the sale from being held fraudulent and void, whether any provision was made to secure the purchase money to his creditors or not. In fact that it will be upheld though the consideration is paid to…
2Cases cited2 opinions
- Avery v. JohannWisconsin Supreme Court · 1870
- Gregory, Tilton & Co. v. HarringtonSupreme Court of Vermont · 1860
3Cited by18 opinions
- Elser v. GraberTexas Supreme Court · 1887
- Seger's Sons v. Thomas Bros.Supreme Court of Missouri · 1891
- First National Bank v. FrySupreme Court of Missouri · 1909
- Paddock v. JacksonCourt of Appeals of Texas · 1897
- McWhorter v. LangleyCourt of Appeals of Texas · 1919
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