Hancock v. Henderson
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. John C. Easton. This suit was instituted on the 11th of December, 1865, by Richard 0. Thomas, as guardian of several minors, upon a note, the property of said minors, and against Wood H. Shearon and Samuel Hancock. Thomas was succeeded as guardian by appellee Henderson.
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Appeal from Lamar. Tried below before the Hon. John C. Easton. This suit was instituted on the 11th of December, 1865, by Richard 0. Thomas, as guardian of several minors, upon a note, the property of said minors, and against Wood H. Shearon and Samuel Hancock. Thomas was succeeded as guardian by appellee Henderson. Both Shearon and Hancock answered formally on the 10th of October, 1866, and on the same day Hancock plead specially that he was merely a surety on the note, and also that it was given for a Confederate-money transaction. On the 9th of April, 1867, an attachment, based upon a bond…
1Opinion of the Court
Gould, Associate Justice.
The statute prescribes the manner of executing an attachment on personal property, but fails to direct in what manner lands may be attached. (Paschal’s Dig., art. 149.) Mr. Drake, in his work on Attachments, says: “ The requisites of an attachment on real estate are generally determined by statute; where, however, that is not the case, the rule which has obtained in Maine and Massachusetts would probably be received and applied — that it is not necessary for the officer to go upon the land, or into its vicinity, or to see it, or to do any other act than make return…
2Cases cited4 opinions
- Tuttle v. Turner, Wilson & Co.Texas Supreme Court · 1866
- Doe v. ChildressSupreme Court of the United States · 1875
- Elliott v. BoothTexas Supreme Court · 1875
- Perrin v. LeverettMassachusetts Supreme Judicial Court · 1816
3Cited by11 opinions
- Sanger Bros. v. Thos. Trammell & Co.Texas Supreme Court · 1886
- Pinkard v. P. J. Willis & Bro.Court of Appeals of Texas · 1900
- Bank of South San Francisco v. PikeCalifornia Court of Appeal · 1921
- Riordan v. BrittonTexas Supreme Court · 1887
- Thompson v. BakerSupreme Court of the United States · 1891
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