Tittle v. Vanleer
Texas Supreme Court
• Error to Court of Civil Appeals for Second District, in an appeal from Greer county. This suit was brought by Vanleer to recover the value of certain goods transferred to him by Duke & Dodson through the instrument construed by the court in the opinion herein and taken from his possession by the sheriff by attachment at suit of a creditor of Duke and Dodson, the sheriff, Tittle, and the attaching creditor being made parties defendant.
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• Error to Court of Civil Appeals for Second District, in an appeal from Greer county. This suit was brought by Vanleer to recover the value of certain goods transferred to him by Duke & Dodson through the instrument construed by the court in the opinion herein and taken from his possession by the sheriff by attachment at suit of a creditor of Duke and Dodson, the sheriff, Tittle, and the attaching creditor being made parties defendant. The trial court overruled an exception to the petition on the ground that it failed to allege acceptance of the transfer by any of the beneficiaries.…
1Opinion
There seems to have been no serious difference of opinion among the members of this court since the passage of the act of 1879, regulating an "assignment made by an insolvent debtor, or in contemplation of insolvency, for the benefit of his creditors," as to whether any particular instrument presented for construction should be held to be a mortgage or trust deed in the nature of a mortgage, or to be an assignment, there having been on this question no dissent entered and no case overruled, so far as we have been able to ascertain. There seems, however, to be much confusion in the mind of the…
2Cases cited18 opinions
- Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- Johnson v. J. M. Robinson & Co.Texas Supreme Court · 1887
- Watterman, Star & Co. v. SilberbergTexas Supreme Court · 1886
- Coffin v. DouglassTexas Supreme Court · 1884
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