Blount-Decker Lumber Co. v. Farmers' Lumber Co.
Court of Appeals of Texas
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
- Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
- Morrison, Herriman & Co. v. Adoue & LobitTexas Supreme Court · 1890
- Taylor v. Mississippi MillsSupreme Court of Arkansas · 1886
- Parlin & Orendorff Co. v. HarrellCourt of Appeals of Texas · 1894
- Johnson v. StrattonCourt of Appeals of Texas · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Littlefield State Bank v. MooreCourt of Appeals of Texas · 1924