Dunlap v. Southerlin
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. This suit was instituted by appellant, S. M. Dunlap, in the district court of Washington county, on the 24th day of July, 1883, against appellee L. S. Southerlin, and against Wyatt Lipscomb, appellee, as sheriff of Milam county, to enjoin Lipscomb from selling the interest of S. M. Dunlap in the partnership property of Dunlap & Graves, under an execution issued out of the district court of Washington county…
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. This suit was instituted by appellant, S. M. Dunlap, in the district court of Washington county, on the 24th day of July, 1883, against appellee L. S. Southerlin, and against Wyatt Lipscomb, appellee, as sheriff of Milam county, to enjoin Lipscomb from selling the interest of S. M. Dunlap in the partnership property of Dunlap & Graves, under an execution issued out of the district court of Washington county on the 17th day of April, 1883, in favor of L. S. Southerlin and against S. M. Dunlap, and by Lipscomb levied upon the…
1Opinion of the Court
Stayton, Associate Justice.
This action was instituted by S. M. Dunlap July 24,1883, against L. S. Southerlin and Wyatt Lipscomb, sheriff of Milam county, to restrain the sale of certain property, levied upon under authority of an execution which issued from the district court for Washington county April 17, 1883.
The execution was issued in favor of L. S. Southerlin and against S. M. Dunlap, and the question which arises is: Was there a valid judgment in favor of L. S. Southerlin against S. M. Dunlap to support the execution.
It appears that on the 5th of April, 1867, John M. Southerlin,…
2Cases cited5 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Beers v. . ShannonNew York Court of Appeals · 1878
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