Ash v. Akin
Court of Appeals of Texas
Appeal from Anderson. Tried below before Hon. W. G. W. Jo wees. December 15, 1890, Theo. Ash executed a deed of trust, by which he conveyed to Henry Ash, trustee, two stocks of goods. The deed of trust directed that the goods should be sold and the proceeds applied to the payment of certain preferred creditors of Theo.
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Appeal from Anderson. Tried below before Hon. W. G. W. Jo wees. December 15, 1890, Theo. Ash executed a deed of trust, by which he conveyed to Henry Ash, trustee, two stocks of goods. The deed of trust directed that the goods should be sold and the proceeds applied to the payment of certain preferred creditors of Theo. Ash, and one of the named preferred creditors was Gabriel Ash, to whom was due 84800. While Henry Ash was executing said trust, and prior to June 20, 1891, eighteen nonpreferred creditors of Theo. Ash, whose debts amount to more than the entire proceeds of the goods, filed…
1Opinion of the Court
WILLIAMS, Associate Justice.
By the service of the garnishments upon appellant in the suits of the creditors of Theo. Ash, the effects held by him under the deed of trust were put in the custody of the law, ■and a lien was fixed upon them in case they were subject to Theo. Ash’s debts in favor of the plaintiffs in those suits. Focke, Wilkens & Lange v. Blum, 82 Texas, 439; Harrell v. Cattle Co., 73 Texas, 614.
It was the duty of the garnishee to hold them, in order to apply them in accordance with the judgment of the court, when it should determine the rights of the parties. Waples on Attach.,…
2Cases cited4 opinions
- Focke, Wilkens & Lange & Scott v. Leon & BlumTexas Supreme Court · 1891
- Harrell v. Mexico Cattle Co.Texas Supreme Court · 1889
- Arthur v. BatteTexas Supreme Court · 1874
- Alamo Ice Co. v. YanceyTexas Supreme Court · 1886
3Cited by4 opinions
- Sunnyland Wholesale Furniture Co. v. Liverpool & London & Globe Ins.District Court, N.D. Texas · 1952
- Lipsitz v. First Nat. Bank of GordonCourt of Appeals of Texas · 1926
- Lipsitz v. First Nat. Bank of GordonCourt of Appeals of Texas · 1926
- MOBIL OIL CORPORATION v. Commercial National BankCourt of Appeals of Texas · 1970