Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 116
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116 HUGHES V. ROPER. [Tyler Term,
Statement of the case.
W. P. HUGHES ET AL. V. THIOMAS ROPER.
PARTIES-PRACTICE IN SUPREME COURT.-Objection for want of
proper parties will not be noticed when first made in the Snprcne
2. CONVEYANCE IN FRAUD OF CREDITORS.-See facts held sufficient
to support a verdict avoiding a conveyance.
3. DEED OF GIFT.-A deed from a father to some of his children, to
whom he is indebted. atnd from them to others to whom there is
none, may be, considered as one transaction, and to the extent of
the second transfer, a deed of gift.
APPEAL from Cass. Tried below before the Hon. J. D.
July 25, 1870, W. P. Hughes and Reece Hughes, jr.,
for themselves and as next friend of Howell R., Bettie,
Mary, and Benjamin F. Hughes. minors, brought suit
against Thomas Roper and J. R. McKenna, slieriff to enjoin
the sale of certain lands levied on under an execution
in favor of Roper for $1,900, and against Reece IIughes, sen.
Plaintiff claimed that the land, twenty-two tracts, containing
in the aggregate about twenty-five thousand acres,
and worth one dollar per acre, was their property, and conveyed
to them by Reece Hughles, sen., for a valuable consideration,
and that they hal conveyed one-sixth thereof
to each of the minors; that at the date of the levy of the
execution Reece Hughes, defendant in execution, had no
title or interest in the land whatever.
The deed from Reece Hughes, sen., to plaintiffs, and
from them to the minors, were made exhibits, the first
being as follows:
THE STATE OF TEXAS,
" County of Davis.
"Know all men by this instrument, that for and in consideration
of the sum of sixty thousand dollars to me in
hand paid by William P. Hughes and Reece Hughes, jr.,
citizens of Davis county, the receipt of which sum so paid
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/124/: accessed April 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .