Edrington v. Rogers
Texas Supreme Court
Appeal from Washington. Trial of the right of property, levied on by execution in favor of the appellees against William T. Austin and James E. Edrington, and claimed by the appellant.
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Appeal from Washington. Trial of the right of property, levied on by execution in favor of the appellees against William T. Austin and James E. Edrington, and claimed by the appellant. The execution was received by the Sheriff on the 5th of December, 1854, and was endorsed no property of William T. Austin found, and levied on the property in controversy, as the property of James E. Edrington, on the 18th of January, 1855. The testimony was as follows: William B. Anderson testified that he had been J. F. Edrington’s Clerk for about two and a half years, that he heard nothing of a sale of the…
1Opinion of the CourtWheeler, J.
It is not perceived that there is any error in the charge of the Court, or in the giving and refusing of instructions asked by the parties. The first instruction, given at the instance of the plaintiffs, was clearly correct, and in accordance with the opinion of this Court in the case of Mosely v. Gainer. (10 Tex. R. 393.) It was there held, that a conveyance of property, with a knowledge on the part of the vendee, that the conveyance was made to hinder, delay or defraud creditors is void, under the Statute, as to such creditors, though a valuable consideration be paid by the purchaser, and…
2Cases cited1 opinion
- Widgery v. HaskellMassachusetts Supreme Judicial Court · 1809
3Cited by16 opinions
- Cox v. MillerTexas Supreme Court · 1880
- Ellis v. A. S. Valentine & SonTexas Supreme Court · 1886
- Tuttle v. Turner, Wilson & Co.Texas Supreme Court · 1866
- Lampson v. ArnoldSupreme Court of Iowa · 1865
- Irion v. MillsTexas Supreme Court · 1874
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