Legal Opinion

Blount-Decker Lumber Co. v. Farmers' Lumber Co.

Court of Appeals of Texas

Decided April 3, 1919No. 2116PublishedCited by 1 opinion

Appeal from District Court, Van Zandt County; Joel R. Bond, Judge. Action by the Farmers’ Lumber Company against the Blount-Decker Lumber Company. Judgment for plaintiff, and defendant appeals. The appeal is from a proceeding in the trial of right to personal property valued at $833.92, wherein judgment was rendered in favor of the appellee.

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Appeal from District Court, Van Zandt County; Joel R. Bond, Judge. Action by the Farmers’ Lumber Company against the Blount-Decker Lumber Company. Judgment for plaintiff, and defendant appeals. The appeal is from a proceeding in the trial of right to personal property valued at $833.92, wherein judgment was rendered in favor of the appellee. It appears that the ■Farmers’ Lumber Company, the appellee, brought a suit against H. N. Quinn for debt, and at the time of the suit procured a writ of attachment against certain lumber seized as the property of Quinn. The appellant made claimant’s…

1Opinion of the CourtLevy, J.

(after stating the facts as above). [1, 2] A sale procured by fraud or misrep-sentation may be avoided by the seller, and the property retaken by him as his own. Morrison v. Adoue, 76 Tex. 255, 13 S. W. 166; Johnson v. Stratton, 6 Tex. Civ. App. 431, 25 S. W. 683; Parlin & Orendorff v. Harrell, 8 Tex. Civ. App. 368, 27 S. W. 1084. And where the goods remain with the purchaser, as here, the right of the seller to retake them is superior to the claim of an attaching ered- itor; for the subsequent attaching creditor obtains no better right to the property than the fraudulent purchaser. Ensign v.…

2Cases cited6 opinions

  1. Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
  2. Morrison, Herriman & Co. v. Adoue & LobitTexas Supreme Court · 1890
  3. Taylor v. Mississippi MillsSupreme Court of Arkansas · 1886
  4. Parlin & Orendorff Co. v. HarrellCourt of Appeals of Texas · 1894
  5. Johnson v. StrattonCourt of Appeals of Texas · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Littlefield State Bank v. MooreCourt of Appeals of Texas · 1924

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