Brown v. Adams
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. J. P. Richardson. On the tenth of December, 1870, the appellant filed his affidavit before a justice of the peace, alleging that "the defendant owed him one hundred and ninety-eight dollars for the rent of certain premises, and that the same was due and unpaid; wherefore he prayed for a distress warrant.
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Appeal from Fayette. Tried below before the Hon. J. P. Richardson. On the tenth of December, 1870, the appellant filed his affidavit before a justice of the peace, alleging that "the defendant owed him one hundred and ninety-eight dollars for the rent of certain premises, and that the same was due and unpaid; wherefore he prayed for a distress warrant. He filed with his affidavit a stated account, setting forth the rent as one-fourth of the cotton raised on the place, and amounting to eleven hundred and twenty-five pounds of lint cotton, worth one hundred and thirty-one dollars and…
1Opinion of the CourtWalker, J.
The statute provides, under three dif*450ferent states of fact, for the issuing of a distress warrant to secure rent,—
1. When any rent shall become due.
2. If the tenant be about to remove from the rented premises.
3. If the tenant be about to remove his property from the rented premises.
It was upon the first ground that the plaintiff below brought his suit. He avers in his affidavit, and alleges in his petition, that the rent is due and unpaid, and that the defendant neglects and refuses to pay the rent, in kind, as per contract.
The defendant answers, denying that the rent was due, and also moves…
2Cited by3 opinions
- Holden v. GulstromOregon Supreme Court · 1918
- Jones v. AdamsOregon Supreme Court · 1900
- Schultz v. SpreeainTexas Commission of Appeals · 1880