McKinnon & Van Meter v. Reliance Lumber Co.
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. On the 26th of March, 1883, the appellants McKinnon & Van Meter, who were defendants below, filed their affidavit and claim bond to try the right to certain lumber, shingles, doors, sash, etc., levied on by the appellees, the Reliance Lumber Co., under a writ of attachment issued in cause Ho. 5940, wherein the Lumber Company were plaintiffs and one E. J. Ingleheart was defendant.
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. On the 26th of March, 1883, the appellants McKinnon & Van Meter, who were defendants below, filed their affidavit and claim bond to try the right to certain lumber, shingles, doors, sash, etc., levied on by the appellees, the Reliance Lumber Co., under a writ of attachment issued in cause Ho. 5940, wherein the Lumber Company were plaintiffs and one E. J. Ingleheart was defendant. The appellants claimed the property under a transfer from Ingleheart. The appellees insisted that the transfer was made in fraud of the creditors…
1Opinion of the Court
Willie, Chief Justice.
The errors assigned and relied upon by the appellants present no point upon which the judgment below can be reversed.
*31The issues tendered by the plaintiffs below were in sufficient accordance with the provisions of our Revised Statutes. Arts. 4833, 4834.
These issues averred the insolvency of Ingleheart, and his indebtedness to other parties besides the appellants, and the proof to which exception is taken in the second assignment of error was pertinent to prove these facts.
It was also competent to show by the acts and declarations of Ingleheart, made before his transfer…
2Cases cited3 opinions
- McLane v. JohnsonSupreme Court of Vermont · 1870
- Elliott v. StoddardMassachusetts Supreme Judicial Court · 1867
- Wyckoff v. CarrMichigan Supreme Court · 1860
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- McCarty v. MorrisonTexas Supreme Court · 1971
- Weathered v. MeekCourt of Appeals of Texas · 1923
- McCarty v. MorrisonCourt of Appeals of Texas · 1970
- Weathered v. MeekCourt of Appeals of Texas · 1923
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