Sumner v. Crawford
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Hill County. The suit was broughtoby Crawford, the trustee, against Sumner, plaintiff in execution, and the sheriff, for injunction, to restrain a sale under execution of goods taken from plaintiff’s possession. From a judgment perpetuating the injunction appeal was taken by defendants, and upon affirmance by the Court of Civil Appeals, appellant, Sumner, procured, a writ of error.
1Opinion of the Court
DENMAN, Associate Justice.
The question in this case is, can a trustee in possession of a stock of goods conveyed to him by a firm to be sold to raise funds to pay certain partnership and individual debts of such firm and its members, by injunction compel the restoration of certain staple goods of such stock seized and taken from his possession by virtue of an execution against one of the partners, upon a showing by such trustee that, by reason of the taking of such goods the remainder of the stock would be greatly depreciated in value and the trust estate thereby greatly damaged? We are of -…
2Cases cited4 opinions
- Watson v. SutherlandSupreme Court of the United States · 1867
- North v. PetersSupreme Court of the United States · 1891
- Gunter & Summerfield v. CobbTexas Supreme Court · 1891
- Middlebrook & Bros. v. ZappTexas Supreme Court · 1891
3Cited by135 opinions
- Texas Farm Bureau Cotton Ass'n v. StovallTexas Supreme Court · 1923
- Brazos River Conservation & Reclamation District v. AllenTexas Supreme Court · 1943
- Hill v. BrownTexas Commission of Appeals · 1922
- Winters Mut. Aid Ass'n Circle No. 2 v. ReddinTexas Commission of Appeals · 1932
- Southwestern Telegraph & Telephone Co. v. SmithdealTexas Supreme Court · 1911
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