Birdwell v. Butler
Texas Supreme Court
Error from Walker. This action was instituted by several separate judgment creditors (the defendants in error) of Isaac Towsey, against the said Towsey and Frederick Pomeroy, for the purpose of having certain deeds and conveyances of land and transfers of property made by the said Towsey to the said Pomeroy declared fraudulent and void as to creditors, and to subject the said land and property to execution on their judgments against the said Towsey.
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Error from Walker. This action was instituted by several separate judgment creditors (the defendants in error) of Isaac Towsey, against the said Towsey and Frederick Pomeroy, for the purpose of having certain deeds and conveyances of land and transfers of property made by the said Towsey to the said Pomeroy declared fraudulent and void as to creditors, and to subject the said land and property to execution on their judgments against the said Towsey. Towsey disclaimed all interest in the property alleged to have been by Mm fraudulently transferred; and he excepted to the petition on the ground…
1Opinion of the CourtWheeler, J.
The party whom the plaintiff in error represents, did not set up a claim to the property subjected by the judgment to the payment of his debts. On the contrary, he disclaimed ownership, and on that ground, asked that the suit as to him be dismissed. The plaintiff in error cannot now complain that the judgment has not accorded to him rights which he, when made a party to the suit, did not claim, and which his intestate expressly disclaimed. He did not ask that anything be adjuged in his favor, and the only matter adjudged against-him was costs. This, then, is the only matter of which he can…
2Cited by5 opinions
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- Heard v. McKinneyTexas Commission of Appeals · 1880
- Bell v. JonesUtah Supreme Court · 1943
- Second Nat. Bank of Houston v. SettegastCourt of Appeals of Texas · 1932
- Second Nat. Bank of Houston v. SettegastCourt of Appeals of Texas · 1932