Ward v. McKenzie
Texas Supreme Court
. Error from Colorado. Tried below before the Hon. I. B. McFarland. This caso presents questions of importance, both as principles of law and as matters ■ of practice.
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. Error from Colorado. Tried below before the Hon. I. B. McFarland. This caso presents questions of importance, both as principles of law and as matters ■ of practice. The most material facts are clearly stated in the opinion of the majority of the court, delivered by Mr. Justice Lindsay; but in viéw of the dissenting opinion of Mr. Justice Denison, it is proper to relate certain other matters not adverted to in the opinion of the majority. . The defendant Samuel Ward, at bis first appearance in the cause, on the first of November, 1859, excepted to the jurisdiction, because it appeared by…
1Opinion of the CourtLindsay, J.
The principal question raised by the pleadings and the evidence in this case is, whether a non-resident creditor, who has obtained his judgment in another State, can successfully assail and set aside a voluntary conveyance, made by his insolvent debtor, of his lands in this State, and subject them to the payment of his demand.
In April, 1849, the plaintiffs, now defendants in error, recovered a judgment in the State of Louisiana against Samuel Ward, as the indorser of a bill of exchange. On this unsatisfied judgment, in Louisiana, they again recovered a judgment in New York, in May, 1858. The…
2Cited by10 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- J. H. Johnson & Co. v. HeidenheimerTexas Supreme Court · 1886
- Brite v. PfeilCourt of Appeals of Texas · 1960
- Kimbro v. ClarkNebraska Supreme Court · 1885
- Canadian & American Mortgage & Trust Co. v. KyserCourt of Appeals of Texas · 1894
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