Walter Connally & Co. v. Steger

(after stating the facts as above.)

A mortgagee out of possession when the mortgaged property is levied upon is not entitled to the remedy provided by the' trial of right of property statute referred to in the statement above, unless' at the time of the levy he has a right to immediate possession of the property. Garrity v. Thompson, 64 Tex. 597; Willis v. Satterfield, 85 Tex. 301, 20 S. W. 155; State Exch. Bank v. Smith (Tex. Civ. App.) 166 S. W. 666. It conclusively appeared appellee did not have possession of the lumber at the time it was iévied upon, and appellants insist it did not appear…