Gillian v. Henderson
Texas Supreme Court
Error from Red River. This was a proceeding instituted by the plaintiff in error, for the trial of the right of property levied on by execution. The claimant filed his affidavit and gave bond for the trial of the right of property. In his affidavit he asserted his claim to the property as mortgagee in a mortgage given by the defendant in execution, to secure and indemnify him against his liability as the surety of the defendant in execution, in a certain guardianship.
Read the full summary
Error from Red River. This was a proceeding instituted by the plaintiff in error, for the trial of the right of property levied on by execution. The claimant filed his affidavit and gave bond for the trial of the right of property. In his affidavit he asserted his claim to the property as mortgagee in a mortgage given by the defendant in execution, to secure and indemnify him against his liability as the surety of the defendant in execution, in a certain guardianship. On motion of the plaintiff in execution, the bond and affidavit were quashed and the case dismissed. The plaintiff in…
1Opinion of the CourtWheeler, J.
The claimant in his affidavit for the trial of the right of property, disclosed the nature of his claim; which was not such as divested the defendant in execution of the title, or as deprived the plaintiff in execution of the right to have the property sold under his execution, subject to the interest of the mortgagee. This point is determined in the case of Wright v. Henderson, (ante.) It was manifest from the claimant’s averments that he was not entitled to judgment; and the Court therefore did not err in dismissing his claim.
It is insisted by the defendant in error, that the Court erred in…
2Cited by14 opinions
- P. J. Willis & Bro. v. ThompsonTexas Supreme Court · 1892
- Wootton v. WheelerTexas Supreme Court · 1858
- Osborn v. KoenigheimTexas Supreme Court · 1882
- Raysor v. Reid & SmithTexas Supreme Court · 1881
- Ghio v. ByrneSupreme Court of Arkansas · 1894
9 more not listed; retrieve them via the Exa API.