Patton v. Ashworth

PELPHREY, Chief Justice.

On October 17,1D32, appellee filed his affidavit for a distress warrant for rent alleged to be due the estate of Huida Borth, deceased, from appellant, on 109 acres of land in Kaufman county, Tex. The rents due were alleged to be for the years 1931 and 1932, and to amount to $302.47. A distress warrant was issued and levied on certain farm products of the 199 acres of land.

Appellant, by amended answer, demurred generally to appellee’s petition, generally denied the allegations thereof, and specially pleaded that the estate of Huida Borth was indebted to him in excess…