White v. S. Jacobs, Bernheim & Co.
Texas Supreme Court
Appeal from Ellis. Tried below before the Hon. Anson Bainey. On August 6, 1884, the plaintiffs, S. Jacobs, Bernheim & Co. recovered a judgment in the county court of Galveston county, against A. E. McCarty for the sum of $464.16. On September 12, 1884, an execution was issued on this judgment, and afterwards this writ was levied by the sheriff of Ellis county upon one-hálf interest in four hundred head of cattle running on the range in Ellis county.
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Appeal from Ellis. Tried below before the Hon. Anson Bainey. On August 6, 1884, the plaintiffs, S. Jacobs, Bernheim & Co. recovered a judgment in the county court of Galveston county, against A. E. McCarty for the sum of $464.16. On September 12, 1884, an execution was issued on this judgment, and afterwards this writ was levied by the sheriff of Ellis county upon one-hálf interest in four hundred head of cattle running on the range in Ellis county. The cattle were stated in the officer’s return on the execution, to be the partnership property of A. E. McCarty and one Ed. C. White. ¡No actual…
1Opinion of the Court
Willie, Chief Justice.
The levy in this case was made under Arts. 2293, 2295 of the Revised Statutes, which provide a way for levying upon the interest of a partner, and upon stock running at large. Such a levy does not disturb the possession of the owner of the stock, and for that reason it is contended in this case that a claim bond and affidavit could not be interposed for the trial of the right of property; our statute does not in terms limit the right to file such claim to a party whose possession is interfered with by the levy of the process. On the contrary, it recognizes the right of a…
2Cases cited3 opinions
- Weight v. HendersonTexas Supreme Court · 1854
- Adoue & Lobit v. H. Seeligson & Co.Texas Supreme Court · 1881
- Osborn v. KoenigheimTexas Supreme Court · 1882
3Cited by13 opinions
- Brokaw v. CollettTexas Commission of Appeals · 1928
- Scarbrough v. AlcornTexas Supreme Court · 1889
- P. J. Willis & Bro. v. ThompsonTexas Supreme Court · 1892
- Sanders v. FarrierCourt of Appeals of Texas · 1924
- Lennox v. Texas Farm Bureau Cotton Ass'nCourt of Appeals of Texas · 1929
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