Foreman v. Burnette
Texas Supreme Court
On October 8, 1887, J. E. Mainor, then a merchant residing and doing business in the county of Montague, conveyed to the appellee Owen D. Burnette, as trustee, a certain stock of merchandise then in his store in the town of Bowie, to be sold and the proceeds applied to the payment of certain debts due by him in the manner specified in said conveyance.
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On October 8, 1887, J. E. Mainor, then a merchant residing and doing business in the county of Montague, conveyed to the appellee Owen D. Burnette, as trustee, a certain stock of merchandise then in his store in the town of Bowie, to be sold and the proceeds applied to the payment of certain debts due by him in the manner specified in said conveyance. Certain creditors of Mainor filed an application with the district judge in said county, stating that Burnette had failed to give bond as required by the statute concerning assignments for the benefit of creditors, and asked the court to appoint…
1Opinion of the Court
GAEEETT, Presiding Judge,
Section B.—By the instrument under which Burnette acquired his right to the possession of the stock of goods, Mainor, who was indebted to the various persons mentioned therein, undertook to transfer, sell, and convey the property to a trustee for the purpose of disposing of the same by sale and applying the proceeds thereof to the payment of his indebtedness as far as the same might be sufficient with the preferences indicated. It was not a chattel mortgage or deed of trust to secure a debt or debts due or to become due by the debtor, who conveyed the property, to the…
2Cases cited1 opinion
- Johnson v. J. M. Robinson & Co.Texas Supreme Court · 1887
3Cited by11 opinions
- Burnham, Hanna, Munger & Co. v. Logan, Evans & SmithTexas Supreme Court · 1895
- B., H., M. Co. v. L., E. S.Texas Supreme Court · 1895
- Hall. v. SaundersCourt of Appeals of Texas · 1929
- Lochte v. Leon & H. BlumCourt of Appeals of Texas · 1895
- Taylor v. Missouri Glass Co.Court of Appeals of Texas · 1894
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