Lang v. Dougherty

Collard, Judge.

When a claimant of personal property levied on by execution, attachment, sequestration, or other such writ, as the property of another, resorts to his statutory remedy to try the right to the property he thereby waives his privilege of suit at common law. Vickery *229v. Ward, 2 Texas, 212. But he is not compelled to adopt the statutory remedy. It is simple and less expensive than a suit, and is the better practice when applicable, but he “may interpose his claim under the statute, or he may resort to his common law right and sue the sheriff or the plaintiff, if the plaintiff had…