Carlton, Clark & Co. v. Baldwin
Texas Supreme Court
Appeal from Calhoun. Tried below before tbe Hon. Eielding Jones. Appellee claimed tbe goods levied upon, by virtue of an assignment to him, from the defendant in execution, in trust for the benefit of the creditors of said defendant.
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Appeal from Calhoun. Tried below before tbe Hon. Eielding Jones. Appellee claimed tbe goods levied upon, by virtue of an assignment to him, from the defendant in execution, in trust for the benefit of the creditors of said defendant. This deed was executed on the 4th day of February, 1854, and among other things, provided that the trustee should proceed, in the manner he should deem best for the interest of all the creditors, to sell and dispose of all the property and effects assigned by the deed, to such persons, for such prices, and upon such terms and conditions, for cash or on customary…
1Opinion of the CourtRoberts, J.
The appellants having recovered a judgment in June, 1854, against Louis E. Salles, and an execution having been levied upon goods, wares and merchandise in possession of the appellee, the same was claimed by him, and bond was given to try the right of property.
The evidence, issues, and charge of the court, in this case, were substantially the same as they were in the case of Baldwin v. Peet, Sims & Co., (supra 708,) just decided in this court, and the verdict and judgment were rendered in favor of the appellee, which is exactly the reverse of that in the other case. A motion for a new trial…
2Cases cited3 opinions
- Gazzam v. PoyntzSupreme Court of Alabama · 1842
- Abercrombie v. BradfordSupreme Court of Alabama · 1849
- Hindman v. Dill & Co.Supreme Court of Alabama · 1847
3Cited by14 opinions
- Cropper v. Caterpillar Tractor Co.Texas Supreme Court · 1988
- Wallace & Co. v. FinbergTexas Supreme Court · 1876
- W. H. Kellogg & Co. v. MullerTexas Supreme Court · 1887
- Kyle v. HarveysWest Virginia Supreme Court · 1885
- Windham v. Patty & MathewsTexas Supreme Court · 1884
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