Ferguson v. Herring
Texas Supreme Court
Appeal from Waller. Tried below the Hon. L. Lindsay. On the 18th day of April, A. D. 1871, Marcus D. Herring, administrator of R. M. Hargrove, recovered a judgment, in the District Court of Austin county, against Edwin Waller, Jr., for $2,500 and costs. On the 24th day of September, A. D. 1873, a fieri facias issued to Waller county, against Edward Waller, Jr., the defendant in the judgment.
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Appeal from Waller. Tried below the Hon. L. Lindsay. On the 18th day of April, A. D. 1871, Marcus D. Herring, administrator of R. M. Hargrove, recovered a judgment, in the District Court of Austin county, against Edwin Waller, Jr., for $2,500 and costs. On the 24th day of September, A. D. 1873, a fieri facias issued to Waller county, against Edward Waller, Jr., the defendant in the judgment. The sheriff returned the writ, and it was filed in Waller, county; not in Austin county, whence it issued. The sheriff states, in Ms return, that he levied on, and had taken into his possession, one-half…
1Opinion of the Court
Roberts, Chief Justice.
This is a suit brought by appellant against appellees to enjoin the sale under execution of some cotton, partly picked out and in pens, and partly unpicked in the field, levied on by Sheriff Green as the property of Edwin Waller, Jr., to satisfy a judgment in favor of M. D. Herring, administrator, and claimed by Ferguson as his property, by virtue of a transfer in writing from Edwin Waller, Jr., to him.
Defendants below filed an answer containing a general exception and general denial, and a motion to dissolve the injunction for want of equity.
The court sustained the…
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