The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-16
r.,er.s Assignment Law.

,,,urTeyas. February l5.--The follow
4, !. II text Of Mr.. Turner's bill to pre-
~, ,adulent assignments, which has
~ rorted favorsbly to the house and
Is,ch ii dispute the right OF passage with
II III Ems ioi Hunt bill, which is special
Srder tomorrow
purro be entitled ar act to provide for
/ ,bo npointment OF a receiver of the cs-
~, Of an insolvent debtor, and pro-
.iag for an Injunction in cases where
.nisolyent debtor has executed a mort
y, or deed Of trust preferring fraudu-
. lei claims.
nit enacted by the legislature of the
suiof Texas:
1 QIon !. That hereafter If any insol-
k,rdebtor, or debtor in contemplation of
n.yency, shall execute a mortgage or
~ Of trust for the benefit OF certain pre-
ma creditors. and shall include in the
Alht Of preferred creditors any creditor
yhs claim or account Is fictitious or
indulent. receiver of such mortgaged
Ioerty may be appointed by any judge
my court Of conDetent jurisdiction as
aeliaitsr provided
er. Z. Any creditor OF such insolvent
a,or whose CLAIM has not been pre-
ieed. and Who deires a receiver OF such
rtgaged pfopert, may present an appli-
dion therefor toany judge having juris-
rilon Of The subject matter, in either term
h or vacation such application shall
~, he am0untand nature Of his claim,
Nanes and rsidence. ii known. of all
N INFERRED cfditors, and the amounts
naf respective claims; the names and
ldlase. II kUwn, OF the mort gagor aad
lergee; theyalue Of the nortgaged es-
" md vhee situated. II known. and
vi tpecify tie particular claim or claims
lHnsd 10 b fraudulent or fictitious; such
ltplation ,ay contain prayer for an
tiuastlon ritraining such mortgagos or
tSfee from disp0sing of the mortgaged
M4fty peiing a final hearing of the ap-
iHadon.
Ms, Won presentation OF the appli-
ain here provided for, the Judge hav-
~ iufisdlion thereof shall direct that
tatlcn b issued and served upon the
nrnsA1oFnd mortgagee and the creditor
rleditc whose claim or claims are al
M 10 fraudulent or fictitious, COM
nlndlngiem and each of them to appear
- darertain to answer such applica-
nds Tlcitation provided for in this sec.
un Mbe executed and returned in tho
l,leroyided by law for the service Of
uIslorn other civil suits, and the PRO-
sunf hereunder shall be governed by
- ~ governing other civil actions; pro
49,, Mt I'VE days service of citation
hrufr shall be sufficient.
should such application contain
va 'or Injunction, the Judge to whom
~ Is presented. shall issue n writ
melton restraining the mortg1gee or
uar from further action Under the r art
~. uust oeed, and from selling or
stv ulsposing OF such mortgaged
ETY.; pending a hearing of such appli-
III me writ Of Injunction herain pro-
~ wi shail be Issued and served MS in
SSss; provided, that no writ of in
sv snaii issue until applicant shall
| n for. O"u as hereinafter pro-
~ before any Injunction shall is
provided for in the preceding sec
IVY applicant, shall execute a bond
n =, ny Vt more good and sufficient sure
vi, w approved by the Judge issuing
m NV, m such amount as the Judge shall
|ou,..'o'e 10 the creditors named in tho
hnt III, and conditioned that the appli-
! r,, vi, pay all such costs and DAMAGES
sly sp ~ aon,dged against him for wronp-
i. Eng out such Injunction.
kasa a. upon final hearing II shall ho
|Ar, y, smear to the satisfaction or tho
r,vir,,sSs' me case that nny Of ,he claim
,,Iy., ea are fictitious or frsr ~ Lmu c,a'rls
kA nor,r,n " appointed, and thereafter
lsftd undsr t 4, estate shall he admins
tt de- rec.,, sas order of the court appoint.
n ,hs o,n wien receiver is appointed un.
! sttsrs ,,,,H q this act, and before
Y tl,hhd,sV ms d'ties, he shall be sworn
s;sifea n perform them. and shall lie
nm sood EXECUTE bond with two or
kcwd aaa sufficient suretiqs ia hn an.
estle ,hs sae iusge appointing him in
" condl,,ss,h ouht OF the mortg god Estate
atrs ali J au. tint he viii faithf,IlIv niS,
sstyer ,n aaues REQUIRED Of him al such
. he CON-, .na' he VIII obey The orisrs
Be iD"'. appointing him ''e or''rs
" cslb ,. ZION giving the bond and t,L,,,
"a MA s'laei for in Tho prerniipc go
sss,s,son ,,,eersr shall immediotely tale
sta nrorasas ssrh mortgaged proneriv and and
akss 81 .u . once TO carry on ~ 80
ss'ius q ba mortgage or deed of trust;
ssisd b. ~ ne mortgascd property as
ss Of a. r sourt. aud paying OF the
Ser theren Sdi,slerred creditors in the
I'VE, sh.l IA, uxireeted; provided. that the
~ been dimS 10 claim or claims ,yhlch
-,Ssepi.nt 4 iS ct,,iao by the court TO be
: y retee ~ s shn mortgage or trustee
l.. sused prons,, sei'ver Possession OF the
20 spnih,ese to the receiver here.
hal issu.' me Judge or court ,ss',in,
GsNeS y, writ Of possession 's ,sara
%, omr. . ne sheriff o, he n ,nere
|Ssqi pronnalny him 10 seize p' s,,ch
I Al p. q the r receiver the same
us remaining In the