Betterton v. Eppstein
Texas Supreme Court
Appeal from Rockwall. Tried below before Hon. Anson Rainey. This is a suit under the statute to try the right of property to certain goods, wares, and merchandise, between B. Eppstein & Co. and 0. L. Betterton & Co.; the plaintiffs, E. Eppstein & Co., claiming that they had a landlord’s lien on the goods for rent due, and 0. L. Betterton & Co. claiming that they Avere the oAvners of the goods, having purchased and paid for them under an order of sale, made because they were…
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Appeal from Rockwall. Tried below before Hon. Anson Rainey. This is a suit under the statute to try the right of property to certain goods, wares, and merchandise, between B. Eppstein & Co. and 0. L. Betterton & Co.; the plaintiffs, E. Eppstein & Co., claiming that they had a landlord’s lien on the goods for rent due, and 0. L. Betterton & Co. claiming that they Avere the oAvners of the goods, having purchased and paid for them under an order of sale, made because they were perishable, by the District Court of Rockwall County, and that therefore they held the goods discharged of the…
1Opinion of the Court
STAYTON, Chief Justice.
—The property in controversy was seized *446under attachments issued against R. H. Stephenson, and while in custody of the sheriff was ordered to be sold as perishable property by the judge from whose court the writs issued.
The property consisted of a stock of goods, and under the order referred to these were sold by the sheriff on December 22, 1888, and at that sale C. L. Betterton became the purchaser, paid the amount of his bid, and received the property.
At that sale a member of the appellee firm was present, bidding for the goods, and he then gave notice of the claim of…
2Cases cited3 opinions
- Young v. KellarSupreme Court of Missouri · 1887
- Meter, Weis & Co. v. Oliver & GriggsTexas Supreme Court · 1884
- J. T. Sullivan & Co. v. ClevelandTexas Supreme Court · 1884
3Cited by4 opinions
- Jones v. SpringerSupreme Court of the United States · 1912
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- Texas & New Orleans Railroad v. BingleCourt of Appeals of Texas · 1895
- Ballinger National Bank v. BryanCourt of Appeals of Texas · 1896