Schultz v. Spreeain
Texas Commission of Appeals
Appeal from Washington county. Opinion by Walker, J. Statement.— This cause came up in an agreed statement of the case, under article 1516, Paschal’s Digest, from which it appears: 1. That on the 12th day of November, 1873, the appellee applied to and obtained from a justice of the peace of Washington county a distress warrant, regular in form, and caused the same to be levied on three bales of cotton of the value of $175, the property of the appellant, upon a claim for the…
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Appeal from Washington county. Opinion by Walker, J. Statement.— This cause came up in an agreed statement of the case, under article 1516, Paschal’s Digest, from which it appears: 1. That on the 12th day of November, 1873, the appellee applied to and obtained from a justice of the peace of Washington county a distress warrant, regular in form, and caused the same to be levied on three bales of cotton of the value of $175, the property of the appellant, upon a claim for the rent of thirty acres of land, of which the appellee was the owner, and which were occupied by the appellant for the year…
1Opinion of the Court
*210Ophtioh.— The first four assignments of error, in connection with the summary statement of the question in dispute, as agreed upon by the parties, that the judgment was correct and should be affirmed, unless upon the foregoing “ facts the defendant is protected by his payment of the rent to Kieke,” present for our consideration the effect of judicial proceedings authorizing the sale for partition, the sale and deed for the land to the plaintiff, as affecting the rents of the land for the year 1873.
The principles controlling the case we regard as elementary and without argument. We hold:
1. The…
2Cases cited3 opinions
- Lee v. SalinasTexas Supreme Court · 1855
- Mathews v. BurkeTexas Supreme Court · 1870
- Brown v. AdamsTexas Supreme Court · 1872