Legal Opinion

Knowles v. Gilmer State Bank

Court of Appeals of Texas

Decided October 6, 1927No. 3432Published

1Opinion of the CourtLevy, J.

(after stating the facts as above).

It is urged as a fundamental error that the petition of the bank was subject to a general demurrer, as there was no allegation of the value of the mortgaged property affirmatively showing jurisdiction in the county court to foreclose the chattel mortgage lien. It is not necessary to look to that point in determining the jurisdiction of the county court and the appellant’s rights, since, so far as the appellant is concerned, the suit against him was not one to subject the cotton to the lien, but to recover damages for conversion of the cotton. The allegations…

2Cases cited6 opinions

  1. Wootton v. WheelerTexas Supreme Court · 1858
  2. Farmers' Elevator Co. v. Advance Thresher Co.Court of Appeals of Texas · 1916
  3. Smith v. WallCourt of Appeals of Texas · 1921
  4. Brooks v. LewisTexas Supreme Court · 1892
  5. Skaer v. First Nat. Bank of ParisCourt of Appeals of Texas · 1927

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