Wheeler v. Wheeler
Texas Supreme Court
Appeal from Waller. Tried below before the Hon. Wm. H. Burk-hart. This was a suit by W. A. Wheeler against O. A. Wheeler for recovery of certain property, or, in the alternative, for recovery of a certain debt and foreclosure of a mortgage on"the property, as security therefor.
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Appeal from Waller. Tried below before the Hon. Wm. H. Burk-hart. This was a suit by W. A. Wheeler against O. A. Wheeler for recovery of certain property, or, in the alternative, for recovery of a certain debt and foreclosure of a mortgage on"the property, as security therefor. The petition, in substance, alleged that, on April 18, 1884, the defendant being indebted to plaintiff in the sum of'$750, and to one Samuel Boberts in the sum of $981, and being, at the same time, engaged in the manufacture of brick, in the town of Hempstead, Waller county, Texas, and in need of money with which to…
1Opinion of the Court
Stayton, Associate Justice.
The action of the court below, in refusing to consider the motion to quash the writ of sequestration, *576was erroneous. Motions of that kind need not be filed, as pleas to the jurisdiction over the person, or other dilatory pleas, before pleas to the merits, but may be filed and acted upon at any time before the case is disposed of. The motion to quash the writ of sequestration should have been heard and sustained.
There is nothing in the pleadings of the plaintiff which can be construed as an averment of ownership in him of the real estate of which the judgment…
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