Hamburg v. O. P. Wood & Co.
Texas Supreme Court
Appeal from Wheeler. Tried below before the Hon. Frank Willis. This was an action for the trial of the right of property.
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Appeal from Wheeler. Tried below before the Hon. Frank Willis. This was an action for the trial of the right of property. On May 16, 1884, the appellant instituted suit for the recovery of $685.95 due him by James M. Sands, at the same time procuring a writ of attachment which, May 19, 1884, was levied upon an undivided half interest in certain personal property, the other half being owned by the Dickerson Bros., and upon certain other personal property, all in the possession of Sands. On May 26,1884, O. P. Wood & Co. perfected claims for trial of the right to the property seized under both…
1Opinion of the Court
Robertson, Associate Justice.
The appellant urges that our statute for the trial of the right of property does not authorize a claim of an undivided interest in personalty. Several provisions of the statute make it clear that the proceeding contemplated was only intended for cases in which the officer actually seized the subject of the levy. Without having possession, the sheriff could not deliver the property to the claimant. The claimant could never fulfill that alternative in the condition of his bond authorizing a return of the property if the claim is not sustained. The burden of proof is…
2Cases cited20 opinions
- Berkey v. JuddSupreme Court of Minnesota · 1875
- Ellis v. A. S. Valentine & SonTexas Supreme Court · 1886
- Gus. Lewy & Co. v. FischlTexas Supreme Court · 1886
- Jackson v. BainSupreme Court of Alabama · 1883
- Miller & English v. Jannett & FrankeTexas Supreme Court · 1885
15 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Taylor v. LewisCourt of Appeals of Texas · 1977
- Adams v. WilliamsTexas Supreme Court · 1923
- Williams Chastain v. LairdCourt of Appeals of Texas · 1930
- Beville v. JonesTexas Supreme Court · 1889
- J. S. Brown & Co. v. LessingTexas Supreme Court · 1888
33 more not listed; retrieve them via the Exa API.