McCart v. Maddox

Citations

• 68 Tex. 456
• 5 S.W. 150
• 1887 Tex. LEXIS 717

Syllabus

<p>1. Statutes Construed — Assignment for Benefit of Creditors.— The object of the act of 1879, regulating assignments for the benefit of creditors, was not to invalidate all such assignments as failed to conform strictly to the requirements of that act, but to subject all, as far as practicable, to its operation, in order that the assigned property might be administered, and its proceeds distributed according to the requirements of the act.</p> <p>2. Same.—Construing section 1, of the act of 1879, regulating assignments held: that the failure to insert, in a deed of assignment for the benefit of creditors, that the property therein specified is not all of the assignor’s estate, will not render the conveyance void upon its face. Such a conveyance, made by an insolvent debtor, will be deemed a general one, and must be construed to pass all the assignor’s property subject to forced sale, whether so expressed or not.</p> <p>3. Attorneys’ Pees.—See opinion for facts under which, in a suit to recover damages for a wrongful seizure of property under judicial process, it was held, that attorneys’ fees could not be included.</p>