Ayers v. Waul
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. On the 12th February, 1872, T. N. Waul recovered a judgment in the District Court of Washington county against John Schackey and C. Hueske for the sum of $1,816.70. On this judgment execution issued 30th April, 1872, on which is indorsed “ Returned, held up by order of plaintiff’s attorneys,” May 27, 1872. C. Hueske died November 10, 1872. February 10,1874, a copy of the judgment, duly sworn to, was…
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. On the 12th February, 1872, T. N. Waul recovered a judgment in the District Court of Washington county against John Schackey and C. Hueske for the sum of $1,816.70. On this judgment execution issued 30th April, 1872, on which is indorsed “ Returned, held up by order of plaintiff’s attorneys,” May 27, 1872. C. Hueske died November 10, 1872. February 10,1874, a copy of the judgment, duly sworn to, was presented to the administrator and allowed for $1,531.44. At the March Term, 1874, on the application of T. N. Waul to have the…
1Opinion of the Court
Reeves, Associate Justice.
It is not denied that the appellee recovered a judgment in the District Court of Washington county against John Schackey and C. Hueske, nor that the judgment was a lien on the real estate of the judgment debtors situated in the county where the judgment was rendered at the time of its rendition. But it is contended by appellants, who are also creditors of the estate of C. Hueske, that the judgment in the case appealed from is erroneous—
1. In classifying the claim of appellee as a claim of the third class.
*557The evidence of the claim was the judgment against Schackey and…
2Cited by2 opinions
- Ball v. HillTexas Supreme Court · 1878
- Sampson v. WyettTexas Supreme Court · 1878