The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 46

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 46

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...278, 279, approved. 4. J UDGMEN'1'--FRAUDULENT CONVEYANCE.----A judgment rendered in a suit by a creditor against an executrix, and one claiming under the fraudulent conveyance, which sets aside such conveyance so far as the same may be necessary to secure the plaintiff 's debt, d0eS1101'affect the validity of the conveyance beyond its terms, so far as the executrix is.c0ncerned, nor as to other creditors who have not asked relief. 5. VERDIu'r.--'l'he court should not receive a verdict which fails to find material issues submitted in the charge.. 6. FRAUD-In a suit to set aside a mortgage as fraudulent, the facts being established that the party charged with the fraud was largely indebted, at the time the mortgage was made, to various creditors, and mortgaged to one creditor "the mass " of his property, leaving not enough to satisfy the demands of other creditors, does not authorize the court to charge that such facts constituted fraud in law. It is the province of the jury, and not of the court, to draw the inference of fraud from such facts. APPEAL from Colorado. Tried below before the Hon. L. Lindsay. W. J. Hutchins, the' appellee, filed his suit in the District Com't of Colorado county against Sarah B. Mercer, executrix of her late husband, Levi Mercer, deceased, alleging that Mercer owed him a note of $3,092.82, with ten per cent. interest, bearing date in October, 1861; that he had made a Will, and appointed his wife, the said Sarah B. Mercer, executrix, without security and independent of the Probate Court, according to the statute respecting independent wills, &c. The said executrix failed to give any bond as such exeeutrix, and yet had proceededto manage the business of the estate in more

Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236929683
  • 9781236929686