Mathews v. Burke
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. George E. Scott. This was a trial of the right of property in fifteen bales of cotton, part of the crop of the year 1867, raised on the plantation belonging to the estate of F. E. Fenriee, deceased, of which the appellant, Mathews, was administrator. On the 14th of December, 1867, a writ of sequestration was sued out by Mathews, and the cotton was seized thereunder.
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Appeal from Harris. Tried below before the Hon. George E. Scott. This was a trial of the right of property in fifteen bales of cotton, part of the crop of the year 1867, raised on the plantation belonging to the estate of F. E. Fenriee, deceased, of which the appellant, Mathews, was administrator. On the 14th of December, 1867, a writ of sequestration was sued out by Mathews, and the cotton was seized thereunder. Burke, the appellee, claimed it as his property, and gave bond for trial of the right of property in it. The case was tried at the November term (1869) of the Harris District Court.…
1Opinion of the CourtMorrill, C. J.
The points arising in this case call for a construction of the statutes relative to rents, and more especially the landlord’s lien upon the crops of the tenants for the payment of rents.
The facts, in short, are, that one Cuney and Butler, on the 7th of June, 1867, leased of Mathews, administrator, etc., a certain plantation in Austin county, for two thousand dollars, payable 1st of January, 1868, being the time of the expiration of the lease, and mortgaged to secure the payment of the rent, among other things, all the cotton and corn that might be raised on the place during the year 1867.
It…
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