Arnold v. Beene

Citations

• 30 Tex. 13

Syllabus

<p>The fourth clause of the 2d section of the statute of frauds declares, that when any loan of goods and chattels, or slaves, shall be pretended to have been made to any person with whom, or those claiming under him, possession shall have remained for the space of three years, without demand made and pursued by due process of law on the part of the pretended lender, \x\ * the same shall be taken, as to the creditors and purchasers of the persona aforesaid so remaining in possession, to be fraudulent within this act, \x\ * unless such loan * * shall be proved and recorded as aforesaid. (Paschal’s Dig., Art. 3876, Note 909.) Where the loan was for more than three years, without writing, the property was subject to execution, and the fact that the negress was loaned to wait on the wife of the defendant created no trust in her favor.</p>