Frankel v. Byers
Texas Supreme Court
Appeal from Shackelford. Tried below before the Hon. T. B. Wheeler. This is a suit filed in the district court of Shackelford county-on April 20, 1885, by appellee and one John Palm, trustee, against appellant and one S. R. Weaver and Ira J. Culver, to obtain a personal judgment against defendant Weaver on two promissory notes made by him to F. E. Conrad & Co., in 1883, and to foreclose a lien on a lot of sheep and other property, created by two deeds of trust made by said…
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Appeal from Shackelford. Tried below before the Hon. T. B. Wheeler. This is a suit filed in the district court of Shackelford county-on April 20, 1885, by appellee and one John Palm, trustee, against appellant and one S. R. Weaver and Ira J. Culver, to obtain a personal judgment against defendant Weaver on two promissory notes made by him to F. E. Conrad & Co., in 1883, and to foreclose a lien on a lot of sheep and other property, created by two deeds of trust made by said Weaver to said F. E. Conrad & Co., to secure the payment of said notes, and for judgment against appellee for the value…
1Opinion of the Court
Walker, Associate Justice.
As against appellant the judgment below should have followed the statute. (Rev. Stats., 1340.) The only decree of foreclosure authorized by the pleadings and the statute was subjecting the sheep to the judgment and that an order of sale issue directing the sheriff to seize the three hundred and fifty head of sheep described in the judgment and to sell them as under execution; the proceeds to be applied upon the judgment.
The judgment below will be reversed and here rendered in accordance with this opinion.
Reversed and rendered.
Opinion delivered June 29, 1888.
2Cited by5 opinions
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- Celada v. A. Mathias & Co.Court of Appeals of Texas · 1925