Raysor v. Reid & Smith
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. E. B. Turner. Suit for the trial of the right of property to eighteen bales of cotton in the seed, the bales being estimated at five hundred pounds each. The cotton was levied upon as the property of Jethro Atkinson, to satisfy an execution in favor of the appellees, A. L. Reid and J. R. Smith.
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Appeal from Washington. Tried below before the Hon. E. B. Turner. Suit for the trial of the right of property to eighteen bales of cotton in the seed, the bales being estimated at five hundred pounds each. The cotton was levied upon as the property of Jethro Atkinson, to satisfy an execution in favor of the appellees, A. L. Reid and J. R. Smith. P. A. Raysor made the statutory claim to try the right of property to the cotton, on the 15th day of September, 1875, which was turned over to him by the sheriff, who had levied on it on the 8th day of September, 1875. The assessment of its value, as…
1Opinion of the Court
Walker, J. Com. App.
In considering the fourth assignment of error, which presents the proposition that the facts are not sufficient to warrant the judgment, we *270will recur to. the issues in the case. Both of them, under the evidence adduced upon the trial, practically are but the presentation, in different forms, of the same legal question, viz.: whether the plaintiffs in execution were entitled to levy on and sell, in satisfaction of their debt, personal property of 'the defendant in execution, with notice of the existence of a valid subsisting lien thereon in favor of another, but who was…
2Cases cited6 opinions
- Weight v. HendersonTexas Supreme Court · 1854
- Baker v. ClepperTexas Supreme Court · 1863
- Wootton v. WheelerTexas Supreme Court · 1858
- Gillian v. HendersonTexas Supreme Court · 1854
- Ballard v. AndersonTexas Supreme Court · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Long v. CastanedaCourt of Appeals of Texas · 1971
- Modern Woodmen of America v. AtchesonCourt of Appeals of Texas · 1919
- Crawford v. Beaver-Electra Refining Co.Court of Appeals of Texas · 1925
- Groesbeck v. EvansCourt of Appeals of Texas · 1905
- King v. PondCourt of Appeals of Texas · 1926
5 more not listed; retrieve them via the Exa API.