Howell Bros. Shoe Company v. Mars

HENRY, Associate Justice.

This suit was brought by the appellee to recover the value of merchandise seized and sold by virtue of an attachment sued out by the Howell Bros. Shoe Company. The appellee was in possession of the property under a chattel mortgage made to him by B. L. Murphy for the benefit of certain preferred creditors at the time of its seizure under the attachment. At the date of the chattel mortgage Murphy was selling at retail stocks of goods both at Commerce and Fairlee, Texas. The business at Commerce was entirely distinct from that at Fairlee, and had been always exclusively…