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: 123
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1875.1 HUGHES 'V. ROPER. 123
Argument for the appellants.
a fair consideration, and in satisfaction of a liability older
than that of Roper, and that that conveyance is good as an
assignment to preferred creditors. It is not sufficient to
invalidate an assignment that it prefers one or more creditors,
because this the creditor has a right to do; nor is
it a sound objection to an assignment that it operates to
hinder and delay creditors, for this is the usual and almost
invariable consequence of all assignments. (Bailey v.
Mills, 27 Tex., 437; Baldwin v. Peet, 22 Tex., 714-716.)
3d. Roper's judgment against Reece Hughes, sen., was
against him as an individual on a simple contract, and
is not against these appellants, his children, either by his
first or second marriage, and gives no lien or right of execution
on their property. The mothers of each of these
sets of children were dead, and their respective rights were
vested in theii heirs before this judgment was rendered.
Their title under the two deeds is prima facie good. If it
be said this judgment was rendered on an indebtedness
contracted by Reece Hughes, sen., for the benefit of marital
communities of which he was a member, then he and
his separate part of the community estate was liable for
his part of this indebtedness, and he was a necessary
party to the proceeding to dissolve the injunction sued out
against Roper, no reason being assigned which would excuse
appellees from making him a party; and as the pleadings
present questions which involved the respective rights
and liabilities of Reece Hughes, sen., and of his children
by both marriages, on the motion to dissolve the injunction,
either Roper, the defendant in the injunction suit, or
the court, on its own motion, ought to have made him a
party. It is certain that, if the conveyances to his children
were not valid, both he and they were materially interested
in the subject matter and object of the motion to
dissolve the injunction in this case; and all persons materially
interested in the subject matter or object of the
suit, if known, ought to be made parties. (Calvert on
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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/m1/131/: accessed December 12, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .