Smith v. Kale
Texas Supreme Court
Appeal from Denton. Tried below before the Hon. Hardin Hart. The appellant and appellee were both judgment creditors of one Mays, and the present was a contest between them for money realized by the sheriff from the sale of real estate in the town of Denton, belonging to Mays.
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Appeal from Denton. Tried below before the Hon. Hardin Hart. The appellant and appellee were both judgment creditors of one Mays, and the present was a contest between them for money realized by the sheriff from the sale of real estate in the town of Denton, belonging to Mays. Kale recovered judgment against Mays for $208, on the 6th of August, 1867, in the County Court of Denton county, exercising the civil jurisdiction conferred on County Courts by the act of 1866, and contemplated in the constitution of that year. Mays took an appeal from the judgment to the District Court, as allowed by…
1Opinion of the CourtWalker, J.
The only question for the court in this case is Does an appeal from a judgment rendered in the County Court vacate the lien secured by the judgment creditor, on the real estate of the judgment debtor, situated in the county where judgment is rendered ? We think.not.
Judgment affirmed.
2Cited by4 opinions
- McAllen State Bank v. SaenzDistrict Court, S.D. Texas · 1982
- Semple v. EubanksCourt of Appeals of Texas · 1896
- Thulemeyer v. JonesTexas Supreme Court · 1873
- Roman v. GoldbergCourt of Appeals of Texas · 1928