Spikes v. West Texas Supply Co.

This is the second case in this court growing out of the same transaction. The former ease is reported in 16 S.W.(2d) 959. In that case, as is disclosed by our opinion, the de fendant in error procured a judgment on a promissory note and for the foreclosure of a mortgage lien upon certain personal property. The property was taken under a writ of sequestration, and the plaintiff in error I. EC. Spikes, who was a defendant in the original suit, repossessed the property by virtue of a replevy bond made by him as principal and O. D. Propps and E. B. Sams as sureties. No judgment was sought or…