McCreary & Barlow v. Gaines

Citations

• 55 Tex. 485
• 1881 Tex. LEXIS 145

Syllabus

<p>1. Principal and factor.— At common law, the simple facts of possession and power of sale are not sufficient indicia of ownership in a factor to authorize a third person to take the property so held in pledge for the debt of the factor. This rule has not been changed in Texas by statute. If the protection of those who deal with factors requires the adoption of a different rule, as has been done in most of the states, it is the province of the legislature and not of the courts to effect the change.</p>