Western Mortgage & Investment Co. v. Shelton
Court of Appeals of Texas
Appeal from Shackelford. Tried below before Hon. T. H. Conner. 1. The correct measure oí damage, where property has been wrongfully sequestrated, is the value of the property at the time of the trial.
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Appeal from Shackelford. Tried below before Hon. T. H. Conner. 1. The correct measure oí damage, where property has been wrongfully sequestrated, is the value of the property at the time of the trial. Watts v. Over-street, 78 Texas, 571. 2. It is lawful to make a contract with the mortgagor, though the property remains in his possession, that he shall not sell the same without the written consent of the mortgagee, and a party who, with knowledge of such contract, buys the property mortgaged without the written consent of the mortgagee, wrongfully purchases and takes possession of the…
1Opinion of the Court
HEAD, Associate Justice.
Appellant instituted this suit to recover of appellee the title and possession of sixty head of horses, and had issued a writ of sequestration, which was levied upon a part thereof.
Upon the trial of the case in the court below, the jury returned the following verdict: ■
“Albany, Texas, November 14, 1891.
“We the jury find for the defendant, John A. Shelton, actual damages in the sum of $1374, together with interest thereon at 8 per cent from date of sequestration, August 6,1890, for horses appropriated by plaintiff. [Signed] “L. T. Price, Foreman.”
The only appropriation…
2Cases cited5 opinions
- Focke, Wilkens & Lange & Scott v. Leon & BlumTexas Supreme Court · 1891
- Harris v. FinbergTexas Supreme Court · 1876
- Ashmead v. KelloggSupreme Court of Connecticut · 1854
- Watts v. OverstreetTexas Supreme Court · 1890
- Church's Adm'r v. McLeodSupreme Court of Vermont · 1886
3Cited by9 opinions
- Oats v. Dublin National BankTexas Supreme Court · 1936
- Nunn v. Padgitt Bros.Court of Appeals of Texas · 1913
- Buffalo Pitts Co. v. Stringfellow-Hume Hardware Co.Court of Appeals of Texas · 1910
- Brooks v. TaylorCourt of Appeals of Texas · 1919
- Carter v. HaynesCourt of Appeals of Texas · 1925
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