Lee v. Wheeler

Mr. Judge GERMAN

delivered the opinion of the Commission of Appeals, Section A.

On February 16, 1931, plaintiff in error, Ernest Lee, obtained a judgment in the District Court of Wheeler County, Texas, against defendant in error, A. F. Wheeler, with foreclosure of an attachment lien on 320 acres of land in Wheeler County. The attachment lien was levied on November 8, 1930. Under this judgment, order of sale of the 320 acres of land was duly issued and the sheriff proceeded to give notice of sale. This suit was instituted May 4, 1931, by Mrs. Myrtle Wheeler, joined pro forma by her husband, A.…