Leon & H. Blum v. Welborne

Citations

• 58 Tex. 157
• 1882 Tex. LEXIS 226

Syllabus

<p>1. Claim against estate.— In a suit by the assignee of an insolvent debtor against an attaching creditor and the administrator of the sheriff who executed the writ, no presentation of the claim for damages to the administrator need be averred.</p> <p>2. Assignee.— The district court has power to appoint an assignee to execute the trust, after the death of an assignee appointed by an insolvent debtor.</p> <p>3. Pleading.— In a suit by the assignee of an insolvent debtor against an attaching creditor for damages resulting from the attachment, the answer is defective if it fails to allege that the assignor was not insolvent and that he did not act in contemplation of insolvency in making the assignment.</p> <p>4. Assignment.— When an assignment for the benefit of creditors is made under the statute, the rights of the creditors attach to it, and no act of the assignor or of the assignee, or of both, at the time the assignment is made, or preceding it, but in crntemplation of it, done with intent to defeat, delay or defraud creditors, will authorize a creditor to treat the assignment as void, or justify his attachment of the assigned property to the prejudice of other creditors.</p>