Blanton & Nunnally v. Langston & Co.
Texas Supreme Court
Appeal from Nacogdoches. Tried below before the Hon. R. H. Morris, special judge. Suit to try right of property to some cotton, which was originally tried before a justice of the peace, appealed to the county court, and from there found its way into the district court by reason of the jurisdiction of the county court being diminished by act of the legislature.
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Appeal from Nacogdoches. Tried below before the Hon. R. H. Morris, special judge. Suit to try right of property to some cotton, which was originally tried before a justice of the peace, appealed to the county court, and from there found its way into the district court by reason of the jurisdiction of the county court being diminished by act of the legislature. The issue made up in the district court was as follows: Plaintiffs Blanton & Hunnally alleged that the cotton levied upon by virtue of an execution in favor of Blanton & Nunnally v. J. H. Gresham, issued out of the justice court…
1Opinion of the Court
Willie, Chief Justice.
It is insisted by appellants that the judgment below should be reversed because Langston & Co. were merely mortgagees of the cotton, and as such could not lay claim to it under our statute for trial of the right to property levied on under execution. It is true that this court has frequently held that a mere lien upon property taken in execution furnishes no ground for the interposition of a claim for the trial of the property. Wright v. Henderson, 12 Tex., 43; Wootton v. Wheeler, 22 Tex., 338; Belt v. Raguet, 27 Tex., 471.
But, in our opinion, the facts of this case show…
2Cases cited4 opinions
- Cleveland v. WilliamsTexas Supreme Court · 1867
- Weight v. HendersonTexas Supreme Court · 1854
- Belt v. RaguetTexas Supreme Court · 1864
- Wootton v. WheelerTexas Supreme Court · 1858
3Cited by17 opinions
- S. S. White Dental Manufacturing Co. v. HertzbergTexas Supreme Court · 1899
- Wilson v. SimonCourt of Appeals of Maryland · 1900
- Hamby Co. v. PalmerCourt of Appeals of Texas · 1982
- Freeman v. W. B. Walker & SonsCourt of Appeals of Texas · 1915
- John E. Morrison & Co. v. MurffCourt of Appeals of Texas · 1919
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