Cole v. Terrell

Citations

• 71 Tex. 549
• 9 S.W. 668
• 1888 Tex. LEXIS 1182

Syllabus

<p>1. Right to Jury.—Where'parties to a suit set the case for trial in the district court for a day when by the orders of the court no jury will be in attendance, the absence of a jury will not be a reason for the continuance of the case. Litigants are chargeable with knowledge of the standing orders of the court</p> <p>2. Judgment for Damages.—A claimant for damages for cutting and carrying away timber without consent of the owner, the claim having been matured into a judgment, is protected as a creditor by the statute of frauds against fraudulent conveyance by the defendants.</p> <p>3. Judgment When Dormant.—Where a direct proceeding has been instituted by a judgment creditor before the judgment has become dormant, it is not necessary to issue executions subsequent to such suit in order to prevent the judgment from becoming dormant.</p> <p>4. Voluntary Conveyance—Subsequent Creditor.—While a mere voluntary conveyance can not be attacked by subsequent creditors, yet where such conveyance is satisfactorily shown to have been made with intent to defraud a creditor, such creditor can attack the conveyance, and, on showing such fraud, the conveyance will, be set aside and the property subjected to the judgment.</p> <p>5. Facts Evidencing Fraud.—Where a party, engaged in unlawfully cutting timber upon the lands of another, is shown to have contemplated a continuance of such trespasses, makes a voluntary conveyance of all his property, such facts are sufficient to support a finding of the fraudulent intent, and to avoid the conveyance in favor of the owner of the land upon which such trespasses were committed.</p>