Blount-Decker Lumber Co. v. Farmers' Lumber Co.

Court of Appeals of Texas

Blount-Decker Lumber Co. v. Farmers' Lumber Co.

211 S.W. 247, 1919 Tex. App. LEXIS 483

CourtCourt of Appeals of Texas

DecidedApril 3, 1919

DocketNo. 2116.

StatusPublished

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This text of 211 S.W. 247 (Blount-Decker Lumber Co. v. Farmers' Lumber Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Blount-Decker Lumber Co. v. Farmers' Lumber Co., 211 S.W. 247, 1919 Tex. App. LEXIS 483 (Tex. Ct. App. 1919).

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Opinion

LEVY, J.

(after stating the facts as above). [1, 2] A sale procured by fraud or misrep-sentation may be avoided by the seller, and the property retaken by him as his own. Morrison v. Adoue, 76 Tex. 255, 13 S. W. 166; Johnson v. Stratton, 6 Tex. Civ. App. 431, 25 S. W. 683; Parlin & Orendorff v. Harrell, 8 Tex. Civ. App. 368, 27 S. W. 1084. And where the goods remain with the purchaser, as here, the right of the seller to retake them is superior to the claim of an attaching ered- *248 itor; for the subsequent attaching creditor obtains no better right to the property than the fraudulent purchaser. Ensign v. Hoffield (Pa.) 4 Atl. 189; Starch Factory v. Landrum, 57 Iowa, 573, 10 N. W. 900, 42 Am. Rep. 53; Taylor v. Mississippi Mills, 47 Ark. 247, 1 S. W. 283.

The judgment is reversed, and judgment is here rendered in favor of the appellant, with all costs.

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LEVY, J.

(after stating the facts as above). [1, 2] A sale procured by fraud or misrep-sentation may be avoided by the seller, and the property retaken by him as his own. Morrison v. Adoue, 76 Tex. 255, 13 S. W. 166; Johnson v. Stratton, 6 Tex. Civ. App. 431, 25 S. W. 683; Parlin & Orendorff v. Harrell, 8 Tex. Civ. App. 368, 27 S. W. 1084. And where the goods remain with the purchaser, as here, the right of the seller to retake them is superior to the claim of an attaching ered- *248 itor; for the subsequent attaching creditor obtains no better right to the property than the fraudulent purchaser. Ensign v. Hoffield (Pa.) 4 Atl. 189; Starch Factory v. Landrum, 57 Iowa, 573, 10 N. W. 900, 42 Am. Rep. 53; Taylor v. Mississippi Mills, 47 Ark. 247, 1 S. W. 283.

The judgment is reversed, and judgment is here rendered in favor of the appellant, with all costs.

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211 S.W. 247, 1919 Tex. App. LEXIS 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blount-decker-lumber-co-v-farmers-lumber-co-texapp-1919.

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