Little v. Morris
Texas Supreme Court
Error from Husk. The plaintiff in error brought his action of trespass to try title against the defendant in error, who was in possession, and, in aid thereof, obtained a writ of sequestration, under the provision of article 2S64 of the Digest. The defendant failing’ to give bond, as provided by article 2SG9, was dispossessed and the plaintiff put in possession of the premises by virtue of the writ of sequestration.
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Error from Husk. The plaintiff in error brought his action of trespass to try title against the defendant in error, who was in possession, and, in aid thereof, obtained a writ of sequestration, under the provision of article 2S64 of the Digest. The defendant failing’ to give bond, as provided by article 2SG9, was dispossessed and the plaintiff put in possession of the premises by virtue of the writ of sequestration. When the cause came on for trial the defendant moved the court to quash the writ of sequestration. The court sustained the motion, and ordered the possession of tile premises to…
1Opinion of the CourtWhebleb, J.
The sequestration was not a distinct independent act. It' was but process obtained in aid of and as auxiliary to the action of trespass to try title. And the judgment quashing the writ and awarding the restoration of the possession to the defendant was but an interlocutory j udgment, rendered during the progress of the cause in a proceeding collateral and incidental to the main action. That it was not a final judgment in the case seems quite too clear to require the support of argument or authority.
It is the settled doctrine of this court, affirmed by repeated decisions, that an appeal, and,…
2Cited by11 opinions
- Morrow v. CorbinTexas Supreme Court · 1933
- Pope v. FergusonTexas Supreme Court · 1969
- Aycock v. ClarkTexas Supreme Court · 1901
- State Ex Rel. Pettit v. ThurmondTexas Supreme Court · 1974
- State Ex Rel. John v. MorrisTexas Supreme Court · 1893
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