Grant & Berry v. Williams & Tolliver , 1 White & W. 153 ( 1883 )


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  • 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 *154is 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.

Document Info

Docket Number: No. 2625, Op. Book No. 4

Citation Numbers: 1 White & W. 153

Judges: Hurt

Filed Date: 6/2/1883

Precedential Status: Precedential

Modified Date: 11/16/2024