Melville Fuller

“ Again, a portion of his alleged indebtedness to Hunter, Evans & Co. had always been disputed by O'Neal. O'Neal had more cattle than those named in the bill of sale of Hunter, Evans & Co., was believed to have other property, and there is considerable evidence tending to show that his financial condition need not have been rendered as desperate as it subsequently apparently became. It was desirable that the cattle should be sold, and the sale to Dawson was agreeable to both Hunter, Evans & Co. and the bank, if an agreement could be made in respect to the proceeds. ”

“ We believe it most equitable that this pro rata division should be determined as of the date that Dawson paid the money into the bank. In arriving at the amount actually due from O'Neal to Hunter, Evans & Co., for the purpose of distributing the fund, we think the account attached to the bill may be treated as sufficiently shown by the evidence to be correct, with the exception of some of the interest charges, which are calculated at 10 per cent., and which ought not to be compounded. ”

“ Complainants aver, in substance, that O'Neal represented that he owned a large number of cattle not in the O N brand, then running in the range in Van Zandt county, which were not included in the bill of sale to Hunter, Evans & Co., but were included in the bank's mortgage, and which were 'quite or very nearly sufficient in value to pay the said O'Neal's indebtedness to the said bank,' and that they were induced to enter into said agreements in reliance on said representations, which were false. ”