Moreland v. Atchison

Decided July 1, 1871

Texas Supreme Court · decided 1871-07-01

Tried below before W. B. Brack, Esq., special judge. Moreland instituted this suit in March, 1868, against Robert Atchison and his wife and children, for the purpose of annulling a voluntary conveyance made to the latter by Atchison in the year 1858. The petition refers to a certain suit for debt, brought by Moreland against Atchison in 1855, and still pending when the conveyance was made.

Decided 1871-07-01

Walker, J.

¶1The 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.)

¶2A 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.)

¶3This clause is .therefore reversed and remanded.

¶4Reversed and remanded.