Hinson v. Ely Walker & Co.
Texas Supreme Court
Appeal from Bed Biver. Tried below before the Hon. D. H. Scott. On the 19th of February, 1884, the appellees, Ely Walker & Co., instituted a suit in the District Court of Bed Biver county against D. P. Smith, on an open account, and at the same time obtained an attachment in said suit, which was levied on the stock of goods, wares and merchandise in the possession of appellant, B. F. Hinson.
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Appeal from Bed Biver. Tried below before the Hon. D. H. Scott. On the 19th of February, 1884, the appellees, Ely Walker & Co., instituted a suit in the District Court of Bed Biver county against D. P. Smith, on an open account, and at the same time obtained an attachment in said suit, which was levied on the stock of goods, wares and merchandise in the possession of appellant, B. F. Hinson. Hinson claimed the goods, and filed an affidavit and claim bond under the statute for the trial of the right of property. The case was tried on the 25th of May, 1885, and resulted in a judgment for the…
1Opinion of the Court
Stayton, Associate Justice.
The court, in the second paragraph of the charge, but presented the several phases of the case arising under the evidence of which, if any were found to exist, the plaintiffs were entitled to a judgment. They all looked to the question whether the property was subject to seizure and sale, by reason of the fact that as between Hinson and Smith, the property was the property of the latter, or by reason of the fact that it was bought by Hinson with money which Smith had furnished, that it might be invested in property in the name of Hinson and thereby be placed beyond…
2Cases cited5 opinions
- Grooms v. RustTexas Supreme Court · 1863
- Hopkins v. LangtonWisconsin Supreme Court · 1872
- Garrahy v. GreenTexas Supreme Court · 1869
- Groves v. SteelSupreme Court of Louisiana · 1847
- Reed v. HerringTexas Supreme Court · 1873
3Cited by20 opinions
- Le Sage v. PryorTexas Commission of Appeals · 1941
- Lesage v. PryorTexas Supreme Court · 1941
- Garcia v. Sky Climber, Inc.Court of Appeals of Texas · 1971
- Talbott v. HoggCourt of Appeals of Texas · 1957
- Evans v. First Nat. Bank of Mt. VernonCourt of Appeals of Texas · 1933
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