McIlhenny Co. v. Miller

Citations

• 68 Tex. 356
• 4 S.W. 614
• 1887 Tex. LEXIS 696

Syllabus

<p>1. Assignment eor Benefit of Creditors.—When an assignment which purports to have been made for the benefit of creditors, by an insolvent! shows by its terms an intention to assign under the statute, and there is no provision in it indicating a design to make a partial assignment! except that the instrument after its specific designation of property conveyed, does not declare that it is all the property subject to the payment of debts, the law will presume an intention to convey all. This construction is based on the terms of the statute, which declares that such an assignment, however expressed, shall be construed to pass the entire estate, “whether specified therein or not.” This case distinguished from Donoho v. Fish Bros., 58 Texas, 167.</p> <p>2. Same.—The law determines what amount the estate of the insolvent must pay in discharge of his debts before he can be entitled to a release, and it is not necessary that this should be referred to in the deed of assign ment.</p>