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: 126
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126 HUGHIES v. ROPER. [Tyler Term,
Opinion of the court.
was fraudulent as to Roper, cannot be said to )e either
without or against evidence. The instrument itself contains
badges of fraud sufficient to justify the verdict, and
the evidence discloses circumstances tending to the same
conclusion. The conveyance was evidently designed to
embrace all of the property of Reece Hughes, sen., subject
to execution. The exception of his homestead of two hundred
acres, and of his saddle pony, if it has no other significance,
at least shows that the idea of property by law
exempt from execution was present to the mind of the
grantor. With these exceptions, the conveyance embraced
not only all his lands and stock, but a large number of accounts
and notes, many of them in process of collection,
and was unusual in its character. The conveyance by the
grantees on the same day of two-thirds of the entire property
just received from their father to their younger brother
and half brothers, a conveyance admitted to be in part at
least a gift, is not without significance. The two conveyances
bear the marks of one transaction, the result of which
is that the father indirectly conveys property to his younger
children by way of gift. The suit for Roper's debt was then
pending, and was reduced to judgment in the month of November
following the August in which the conveyance was
made. All these are badges of fraud; that is, evidence of
fraud-mleans of establishing a fraudulent intent. (Bump
on Fraud. Convey., 78, et seq.) They are sufficient to authorize
the jury to infer that the conveyance was not what
it is claimed to have been, an honest preference of his own
children as creditors.
It is urged that the verdict and judgment are both defective,
in failing to designate what part of the property
levied on is the separate property of Reece Hughes, sen.,
and what part the community of the second marriage. A
brief statement of the pleadings will show that this complaint
cannot avail appellants.
Appellants enjoined the sale of certain lands claimed by
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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/m1/134/: accessed September 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .