Grant & Berry v. Williams & Tolliver

1 White & W. 153

• Court: Court of Appeals of Texas
• Decided: June 2, 1883
• Docket: No. 2625, Op. Book No. 4
• Status: Published

Opinion

Opinion by

Hurt, J.

§ 363. Trial of the right of property where partner's interest in partnership property is levied 'upon. The interest of an individual partner in partnership property is subject to the levy of and sale under an execution issued on a judgment against him individually.

June 2, 1883.

§ 364. On trial of right to partnership property, how far can rights of partners and equities of other parties he investigated? On a trial of the right to property in possession of, and claimed by, a partnership firm, neither the Vights of the partners nor the equities between the partners themselves, nor between the firm and its creditors, can or will be adjudicated. [3 Kent’s Comm. pp. 77, 78; Rogers v. Nichols, 20 Tex. 725; Thompson v. Tinnin, 25 Tex. Sup. 56; De Forrest, Armstrong & Co. v. Miller, 42 Tex. 34; Elliott v. Booth, 44 Tex. 181.]

Affirmed.