Wootton v. Wheeler
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. This was a proceeding by the appellee, for the trial of the right of property in two negroes, levied upon by virtue of an execution in favor of the appellant, against William Means. The execution was levied on the 6th of March, 1858; and the sheriff’s return showed that the negroes were found by him upon the plantation of the defendant in execution.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. This was a proceeding by the appellee, for the trial of the right of property in two negroes, levied upon by virtue of an execution in favor of the appellant, against William Means. The execution was levied on the 6th of March, 1858; and the sheriff’s return showed that the negroes were found by him upon the plantation of the defendant in execution. The appellee filed his bond and affidavit, for the trial of the right of property, on the 1st of April, 1858, and asserted his claim to the negroes, under a deed executed on the…
1Opinion of the Court
Wheeler, Ch. J.
The appellee asserted his claim to the property, under the deed of the 18th of October, 1846. That instrument is but a mortgage, with a power to sell added thereto. (4 Kent’s Com. 146 ; 16 Tex. Rep. 474.) And it is the settled 1ÚAV of this state, that mortgaged property is liable to execution against' the mortgagor, subject to the lien created by the mortgage. (Gilliam v. Henderson, 12 Tex. Rep. 47; Bullard v. Anderson, 18 Id. 377.) The mortgagee was not entitled to hold the property, exempt from liability to be taken and sold, subject to his lien, under execution against the…
2Cases cited2 opinions
- Weight v. HendersonTexas Supreme Court · 1854
- Gillian v. HendersonTexas Supreme Court · 1854
3Cited by23 opinions
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- Erwin v. BlanksTexas Supreme Court · 1884
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- P. J. Willis & Bro. v. ThompsonTexas Supreme Court · 1892
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