Milliken v. Smoot

Stayton, Associate Justice.

A general statement of this case is thus correctly made by the appellant:

“ T. S. Smoot sued Frank Milliken in the Parker district court for the recovery of the horses in controversy as the separate property of his wife, Mrs. M. J. Smoot. She claims the horses under a conveyance from her son, R. T. Smoot.

“ The sheriff of Parker county, Texas, sold the horses under two executions against R. T. Smoot, one in favor of Jo. H. Brown, the other in favor of O. H. Milliken, cashier of the First National Bank of Weatherford. Both executions had been levied on the horses as…