Cantwell v. Wilson
| Decision Date | 13 June 1951 |
| Docket Number | No. 9972,9972 |
| Citation | 241 S.W.2d 366 |
| Parties | CANTWELL et al. v. WILSON et al. |
| Court | Texas Court of Appeals |
Yelderman & Martin, Austin, for appellants.
J. Arthur Sandlin, Austin, for appellee.
On January 31, 1950, a jury returned a verdict favorable to appellee, R. C. Wilson, in his suit against Jim Cantwell for debt. At that time Jim Cantwell was the owner of 100 acres of land not his homestead. On February 1, 1950, by deed of that date, Jim Cantwell and wife, Lester Annie Cantwell, conveyed this land to their son, Bill Cantwell, for the recited consideration of $10 and the assumption of the payment by him of one promissory note for $2,944. On February 3, 1950, a judgment on the jury's verdict was rendered in favor of Wilson against Jim Cantwell for $559.90. This judgment became final. On March 10, 1950, Bill Cantwell conveyed the 100 acres of land to A. E. Massengale and received $2,100 for his equity in the property. The major part of this $2,100 was deposited in the Capital National Bank to the account of Bill Cantwell, but later the account, then amounting to $1,175, was changed from the name of Bill Cantwell to the name of Lester Annie Cantwell.
Appellee Wilson filed his application for a writ of garnishment against the bank, wherein he alleged: his recovery of the above judgment; that it was a valid and subsisting judgment, was wholly unsatisfied, and that Jim Cantwell did not, within affiant's knowledge, have in his possession within this state property subject to execution sufficient to satisfy said judgment. He further alleged that he had reason to believe, and did believe, that said bank had in its hands effects belonging to Jim Cantwell, and further alleged that any account in said bank in the name of Lester Annie Cantwell, Mrs. Lester Annie Cantwell, or Mrs. Jim Cantwell, was in fact effects belonging to the community estate of Jim Cantwell and his wife, Lester Annie Cantwell, and was subject to the writ of garnishment applied for. A writ of garnishment issued, was served on the bank, and the bank answered that it had no effects of Jim Cantwell, but that it was indebted to Lester Annie Cantwell in the sum of $800.
Bill Cantwell intervened, claimed the $800 as his own, and alleged he deposited the funds in said bank in his mother's name because he could not read and write and that his mother could. Jim Cantwell disclaimed any interest in the deposit. Lester Annie Cantwell denied that the funds constituted any part of the community estate of herself and husband. R. C. Wilson denied that the $800 was the property of Bill Cantwell; alleged that the deed to Bill Cantwell was a fraudulent conveyance as to him, was fictitious and void, and that the $800 was community property of Jim Cantwell and Lester Annie Cantwell.
Upon a nonjury trial the court rendered judgment in favor of R. C. Wilson against the garnishee bank for the amount of his judgment, interest and costs. The three Cantwells have appealed.
Findings of fact and conclusions of $800 as his own, and alleged he deposited
Appellants admit that the evidence is sufficient to support a finding by the trial court that the sale of the land to Bill Cantwell was made for the purpose of hindering and delaying the collection of appellee's judgment against Jim Cantwell, and they make no contention that the $800 on deposit in the bank is not a part of the proceeds of the sale of the 100 acres of land to Massengale, but they do contend that the $800 is in fact the property of Bill Cantwell, or that it is the separate property of Lester Annie Cantwell.
Appellants do not question the sufficiency of the application and affidavit for garnishment.
If the sale of the land by Jim Cantwell and wife to Bill Cantwell was made for the purpose of hindering and delaying appellee in the collection of his debt, which admittedly the trial court found as a fact, then as to appellee it was void. Articles 3996 and 3997, Vernon's Ann.Civ.St. And when Bill Cantwell sold this land to Massengale, he conveyed property the title to which, in law, remained in Jim Cantwell for the benefit of his creditors, and the proceeds...
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Mortgageamerica Corp., In re
...transferred property and entails no personal liability on the part of those responsible for the transfer, see, e.g., Cantwell v. Wilson, 241 S.W.2d 366 (Tex.Civ.App.--Austin 1951, no writ) (construing predecessor statute). A suit under the Texas Act, in other words, pursues the debtor's pro......
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Phillips v. Vitemb
...this controversy not being with the depository bank, the presumption of art. 4622 was sufficiently overcome, see Cantwell v. Wilson, Tex. Civ.App., 241 S.W.2d 366, by the uncontradicted evidence showing that this amount was made up of numerous miscellaneous deposits during marriage with no ......
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Superior Sav. Ass'n v. Bank of Dallas
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Englert v. Englert
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