Blount-Decker Lumber Co. v. Farmers' Lumber Co.

LEVY, J. (after stating the facts as above). [1, 2] A sale procured by fraud or misrep-sentation may be avoided by the seller, and the property retaken by him as his own. Morrison v. Adoue, 76 Tex. 255, 13 S. W. 166; Johnson v. Stratton, 6 Tex. Civ. App. 431, 25 S. W. 683; Parlin & Orendorff v. Harrell, 8 Tex. Civ. App. 368, 27 S. W. 1084. And where the goods remain with the purchaser, as here, the right of the seller to retake them is superior to the claim of an attaching ered- *248 itor; for the subsequent attaching creditor obtains no better right to the property than the fraudulent purchaser. Ensign v. Hoffield (Pa.) 4 Atl. 189; Starch Factory v. Landrum, 57 Iowa, 573, 10 N. W. 900, 42 Am. Rep. 53; Taylor v. Mississippi Mills, 47 Ark. 247, 1 S. W. 283. The judgment is reversed, and judgment is here rendered in favor of the appellant, with all costs. Footnotes [1] <B=»For otter cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes