Thompson v. Tinnin

Citations

• 25 Tex. 56

Syllabus

<p>An execution against an individual member of a copartnership, to satisfy his separate debt, may be levied upon whatever interest he has in the property of the copartnership at the time of the levy. A court of equity interferes in the matter only to ascertain that interest by an account, if necessary, between the partners, and to appropriate it to the payment of the debt.</p> <p>After the levy of an execution on partnership property, to satisfy a separate debt of one partner, the copartners cannot dissolve the partnership, make a settlement of their joint effects, in which the debtor-partner is paid for his share an amount in property (other than that levied on) greater than the amount of the executions, and thereby defeat the levies so made.</p> <p>Where a special verdict is not only not responsive to the pleadings in some respects, but, regarded with reference to the objects of the suit, is also incomplete, it will not sustain a judgment of the District Court based upon it, nor authorize a final disposition of the cause by a decree in this court.</p>