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: 122
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122 HUGHES v. RoPER. [Tyler Term,
Argument for the appellants.
The assignments of error sufficiently appear in the
Penn & Todd, for appellants.
1. No decree could be entered, because the parties at
interest were not parties to the suit. (Record, Hughes'
testimony; 2 Story's Eq. Jur., sec. 1526.)
2. The claim of Roper, though pending in suit, was unliquidated,
and not merged into judgment. No lien was
sought therein, nor was any attached to such a claim.
(Briscoe v. Bronaugh, 1 Tex., 333; Lee r. Salinas, 15 Tex.,
495; Van Hook v. Walton, 28 Tex., 76.)
3. Admitting all the parties were valid creditors of
Hughes, he had a right to prefer, unless fraud be shown,
which was not. (Sydnor v. Roberts, 13 Tex., 598; Edrington
v. Rogers, 15 Tex., 188; Wright v. Linn, 16 Tex., 42;
Baldwin v. Peet, 22 Tex., 708; Van Hook v. Walton, 28
Tex., 76; Weisiger v. Chisholm, 28 Tex., 780.)
4. Hughes had the right to pay a community debt against
either wife, there being no administration. (Jones v. Jones,
15 Tex., 148; Burleson v. IHancock, 28 Tex., 83.)
5. The verdict and charge were clearly insufficient and
against evidence. (Allen v. Brown, 11 Tex., 520; Willis
v. Lewis, 28 Tex., 186.)
Reagan, Goodrich & Gooch, also for appellants.
1st. That the conveyance of the property described in
the deed from Reece Hughes, sen., to W. P. and Reece
Hughes, jun., is good on its face, and contains nothing in
itself without proof aliunde which would authorize a court
to set it asido as fraudulent.
2d. The statement of facts shows that there was no attempt
made to show by proof aliunde the record that that
conveyance was in any respect fraudulent, and the proof
is fall that it was made fairly, publicly, and honestly, for
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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/m1/130/: accessed January 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .