Schoelkopf v. Phillips
Texas Supreme Court
Error to Court of Civil Appeals for Fifth District, in an appeal from Ellis County. The facts are given in the opinion. The litigation involved the validity of a deed of trust executed by an insolvent debtor to secure the beneficiaries. The deed of trust was held fraudulent by the trial court, which decision was reversed by the Court of Civil Appeals.
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Error to Court of Civil Appeals for Fifth District, in an appeal from Ellis County. The facts are given in the opinion. The litigation involved the validity of a deed of trust executed by an insolvent debtor to secure the beneficiaries. The deed of trust was held fraudulent by the trial court, which decision was reversed by the Court of Civil Appeals. The petition for writ of error attacked the decision of the Court of Appeals: (1) “In holding that the act of permitting Hopson to withdraw from appellant’s bank the $223 deposit, on the night the conveyance in controversy was made, and under…
1Opinion of the Court
GAINES, Chief Justice.
—One Frank Hopson, being indebted to the First National Bank of Waxahachie, executed to defendant in error, R. G. Phillips, a deed in trust, in the nature of a mortgage upon a stock of goods, to secure the bank and certain other creditors. The plaintiff in error, Schoelkopf, being also a creditor of Hopson, sued out a writ of garnishment, and caused it to be served upon the defendant in error. The garnishee having answered that he neither owed Hop-son nor had any of his effects in his hands, a contest arose which brought in question the validity of the deed in trust.
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2Cases cited3 opinions
- Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
- Oppenheimer v. M. Halff & Bro.Texas Supreme Court · 1887
- P. W. Gallagher & Co. v. Goldfrank, Frank & Co.Court of Appeals of Texas · 1890
3Cited by7 opinions
- Goldstein v. Union National BankTexas Supreme Court · 1919
- Harper v. First State Bank of Grand PrairieCourt of Appeals of Texas · 1928
- Bolton v. BaldwinCourt of Appeals of Texas · 1933
- State Trust & Savings Bank v. MalitzCourt of Appeals of Texas · 1931
- Missouri, Kansas & Texas Railway Co. v. SnowdenCourt of Appeals of Texas · 1906
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