Moreland v. Atchison
Texas Supreme Court
Moreland v. Atchison, 34 Tex. 351 (Tex. 1871)
Walker
Moreland v. Atchison
Opinion of the Court
The court erred in sustaining ¡the general demurrer to the petition. Conveyances in consideration of natural love and affection cannot be supported against the interest and rights of prior creditors. (Raymond v. Cook, 31 Texas, 375.)
A general demurrer will net reach mere informalities in pleading in this State. It has been so decided in several cases. (See Frosh v. Swett, 2 Texas, 485 ; Wells v. Fairbanks, 5 Texas, 586 ; Warren v. Bailey, 7 Texas, 519.)
This clause is .therefore reversed and remanded.
Reversed and remanded.
Reference
- Full Case Name
- G. W. Moreland v. R. Atchison and others
- Status
- Published
- Syllabus
- 1. Conveyances of property in consideration of natural love and affection cannot be sustained against the rights and interest of antecedent creditors. (Raymond v. Cook, 31 Texas, 375.) 2. A general demurrer will not reach mere informalities in pleading.