Gunst v. Dallas Trust & Savings Bank

Dallas Trust & Savings Bank, as executor of the estate of D. D. Thompson, deceased, sued appellants to recover on a rent contract. At the institution of the suit, plaintiff sued out a distress warrant, which was levied on two pianos, situated in the storehouse on the leased premises. The defendant company replevied the property, with T. E. Swann and W. Howard Beasley as sureties.

The warrant being returned to the district court, plaintiff in due time filed its petition alleging, in substance, that, on February 5, 1920, D. D. Thompson leased to Lester Gunst certain business property located on…