Traylor v. Townsend

Citations

• 61 Tex. 144
• 1884 Tex. LEXIS 62

Syllabus

<p>1. Fraudulent sale. — If a sale be made with intent on the part of the seller to hinder, delay or defraud creditors, and that intent was known to the purchaser, or could have been known by the use of ordinary diligence, the sale is void, though made for a good and valuable consideration.</p> <p>2. Notice — Fraud. — The word “notice” as used in art. 2465, Revised Statutes, which article provides that the title of a purchaser for a valuable consideration shall not be affected unless it appears that he had notice of the fraudulent intent of the vendor, etc., must not be understood as restrictive to actual notice. He is charged with notice of every fact he could have ascertained by a proper use of the knowledge he actually possessed. Actual knowledge need not be proved if the purchaser had the means of knowing the fraud by the use of reasonable diligence.</p> <p>3. Charge of court.— A charge containing a mere repetition of a principle of law already given in different words by a previous charge should not be given; especially is this true when such repetition would give undue prominence to the principle concerning which the repetition is asked.</p> <p>4. Fraud — Charge of court.— On an issue of fraud in making a transfer of goods, the court, which had already instructed the jury that the purchaser must have knowledge of the fraud to avoid a fraudulent conveyance, but had not defined what constituted such knowledge, gave the following charges in substance, at the request of the party alleging the fraud:</p> <p>(1) That such knowledge would avoid the sale, though the purchaser had paid a valuable consideration.</p> <p>(2) That such knowledge would avoid the sale, though the vendee had no fraudulent intent in making the purchase.</p> <p>(3) That the sale with such notice was void as against the rights of creditors.</p> <p>(4) That it would be avoided under such circumstances, though the only motive of the purchaser in buying was to get cheap goods.</p> <p>(5; That actua