Holden v. McLaury
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. The object sought to be accomplished by the suit was to have a certain conveyance made by one Charles H. Shirly to appellant declared void, said conveyance dated July 21, 1880, and conveying the land described in the petition to appellant, asserting that said conveyance was made to hinder, delay and defraud the creditors of the said Shirly, and especially the appellant, and that appellee, at and before the time of…
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Appeal from Tarrant. Tried below before the Hon. A. J. Hood. The object sought to be accomplished by the suit was to have a certain conveyance made by one Charles H. Shirly to appellant declared void, said conveyance dated July 21, 1880, and conveying the land described in the petition to appellant, asserting that said conveyance was made to hinder, delay and defraud the creditors of the said Shirly, and especially the appellant, and that appellee, at and before the time of the conveyance, knew of the fraudulent "intent of Shirly in making the same, and colluded with him therein. Appellant…
1Opinion of the Court
Watts, J. Com. App.
But one question is presented by the record for determination, and that is, does the appellant, by the allegations in his petition, show himself entitled to maintain the suit to vacate the asserted fraudulent conveyance?
Our statute provides that every conveyance, etc., made “ with the intent to delay, hinder or defraud creditors, purchasers or other persons of or from what they are or may be lawfully entitled to, shall, as to such creditors, purchasers or other persons, their representatives or assigns, be void.”
In the case of Cox v. Shropshire, 25 Tex., 113, the court…
2Cases cited3 opinions
- Jackson ex dem. Van Buren v. MyersNew York Supreme Court · 1821
- Cox v. ShropshireTexas Supreme Court · 1860
- Wilcox v. FitchNew York Supreme Court · 1823
3Cited by4 opinions
- Stolte v. KarrenCourt of Appeals of Texas · 1916
- Robertson v. HefleyCourt of Appeals of Texas · 1909
- Mytinger v. WaldripCourt of Appeals of Texas · 1926
- Stolte v. KarrenCourt of Appeals of Texas · 1916