W. E. Wallace v. W. H. Burson

Mr. Judge Martin

delivered the opinion of the Commission of Appeals, Section B.

The facts of this case, together with the controlling law point passed on by the Court of Civil Appeals, is well enough illustrated by the following quotation from its opinion:

“Wallace sued Burson on a promissory note for $1,600.00 principal, less admitted credits, and to foreclose a chattel mortgage on 8 mules and certain farming implements. At the same time he sued out a writ of sequestration under which the mortgaged property was seized and later delivered to him under a replevy bond. The note was dated January…