Templeman v. Gresham
Texas Supreme Court
Error from Grimes. Tried below oefore the Hon. John R. Kennard. Defendants in error, as landlords, on the 18th of November, A. D. 1882, sued out a distress warrant against their tenant, A. D. Jones, for the amount due them for rent and advances during that year. On the 20th of November, 1882, they caused the warrant to be levied upon four bales of cotton found at the gin of R. T. Flewellyn, and upon twenty-six bushels of corn found on the rented premises.
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Error from Grimes. Tried below oefore the Hon. John R. Kennard. Defendants in error, as landlords, on the 18th of November, A. D. 1882, sued out a distress warrant against their tenant, A. D. Jones, for the amount due them for rent and advances during that year. On the 20th of November, 1882, they caused the warrant to be levied upon four bales of cotton found at the gin of R. T. Flewellyn, and upon twenty-six bushels of corn found on the rented premises. They demanded and caused the officer to demand from R. B. Templeman, plaintiff in error, three bales of cotton which he (Templeman) had…
1Opinion of the Court
Stayton, Associate Justice.
This action was brought to foreclose the landlord’s lien on the property seized under the distress warrant as well as that which had passed into the hands of the defendant Templeman, which, however, could not be seized, because he had concealed or disposed of it.
The landlord’s lien extended to all the property and did not de- • pend upon its seizure under the distress warrant. The lien was given by the statute, and the seizure by distress warrant only serves to secure the property that the lien on it may be made effective. *53Rosenberg v. Shaper, 51 Tex., 135; Boucier…
2Cases cited4 opinions
- Hall v. HallTexas Supreme Court · 1854
- A. Peiser & Co. v. PeticolasTexas Supreme Court · 1879
- Bourcier v. EdmondsonTexas Supreme Court · 1883
- Trittipo v. EdwardsIndiana Supreme Court · 1871
3Cited by27 opinions
- McDonald v. MillerTexas Supreme Court · 1897
- Berkey & Gay Furniture Co. v. Sherman Hotel Co.Texas Supreme Court · 1891
- Gambrell v. TatumCourt of Appeals of Texas · 1921
- Parlin & Orendorff Co. v. MillerCourt of Appeals of Texas · 1901
- Cardwell v. MastersonCourt of Appeals of Texas · 1902
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