Legal Opinion

North v. Shearn

Texas Supreme Court

Decided July 1, 1855PublishedCited by 14 opinions

Appeal from Fayette. The appellants, being judgment creditors of the defendant, John Shearn, instituted this suit for the subjection of Shearn’s homestead to the satisfaction of three several judgments, alleging first, that it was free from any constitutional exemption because, at and before the time of Shearn’s purchasing the town lots and commencing the building of his homestead, he was largely indebted, and in failing circumstances, and in order to cheat and defraud his…

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Appeal from Fayette. The appellants, being judgment creditors of the defendant, John Shearn, instituted this suit for the subjection of Shearn’s homestead to the satisfaction of three several judgments, alleging first, that it was free from any constitutional exemption because, at and before the time of Shearn’s purchasing the town lots and commencing the building of his homestead, he was largely indebted, and in failing circumstances, and in order to cheat and defraud his creditors and hinder and delay the payment of his debts, he fraudulently made the purchase of the lots and commenced the…

1Opinion of the CourtWheeler, J.

The judgment of the Court is in accordanec *176with the law, as maintained by the opinion of this Court in the case of Wood v. Wheeler. (7 Tex R. 13.) The defendants have not appealed or assigned errors, and cannot complain of the judgment, as it accords to them all that they can claim under the law, as settled by previous decisions. It is, therefore, unnecessary to revise the judgment, in reference to the argument of counsel for appellees.

The appellants seek to reverse the judgment, because the Court refused to admit evidence to prove that the defendant, when he contracted the debts sought to be…

2Cited by14 opinions

  1. Chase v. SwayneTexas Supreme Court · 1895
  2. First Nat. Bank v. GlassCourt of Appeals for the Eighth Circuit · 1897
  3. Jacoby v. Parkland Distilling Co.Supreme Court of Minnesota · 1889
  4. Wolfe v. BuckleyTexas Supreme Court · 1880
  5. Clement v. First National BankTexas Supreme Court · 1926

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