City of Huntsville v. McKay

(after stating the facts as above). The appellants sued out attachment and caused same to be levied upon certain realty in Dallas and Ellis counties, founded upon the allegation that—

“The defendants W. E. McKay and wife have no property in Walker comity subject to execution out of which the judgment that may be rendered herein can be made (the property against which the assessment was made being homestead), but the defendant W. E. McKay has an interest in land in Dallas and Ellis counties,” etc..

It was further alleged that—

“The defendant W. E. McKay did on or about May 4,1928, make, execute,…