Legal Opinion

Riordan v. Britton

Texas Supreme Court

Decided November 18, 1887No. 5884PublishedCited by 9 opinions

Appeal from Mitchell. Tried below before Chas. I. Evans,. Esq., special judge. In this case, both parties Claimed title to two lots and improvements thereon, under J. M. Cupp & Co., and through sheriff’s sales made under orders of 'saje ■ on judgments rendered on attachment suits against Cupp & Co., foreclosing attachment liens. - ' ■ • - Appellee, through a sale made on the third day of July, 1883, under an order of sale issued by the clerk of the district court of Tarrant…

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Appeal from Mitchell. Tried below before Chas. I. Evans,. Esq., special judge. In this case, both parties Claimed title to two lots and improvements thereon, under J. M. Cupp & Co., and through sheriff’s sales made under orders of 'saje ■ on judgments rendered on attachment suits against Cupp & Co., foreclosing attachment liens. - ' ■ • - Appellee, through a sale made on the third day of July, 1883, under an order of sale issued by the clerk of the district court of Tarrant county, on a judgment rendered by the Supreme Court on-the-nineteenth day of May, 1883, in the case of the City Bank of…

1Opinion of the Court

Acker, Judge.

It is provided by our Revised Statutes that “the writ of attachment shall be levied in the same manner as is or may be the writ of execution.” (Article 167.) It is further provided that “in order to make a levy on real estate, it shall not be necessary for the officer to go upon the ground, but it shall be sufficient for him to indorse such levy upon the writ,” (Article 2291.)

In Sanger Brothers v. Trammell, 66 Texas, 361, it is said: “This is but declaratory of what the law was previous to the adoption of the Revised Statutes. (Hancock v. Henderson, 45 Texas, 479.) Feither the…

2Cases cited6 opinions

  1. Catlin v. BennattTexas Supreme Court · 1877
  2. Van Hook v. WaltonTexas Supreme Court · 1866
  3. Sanger Bros. v. Thos. Trammell & Co.Texas Supreme Court · 1886
  4. Hancock v. HendersonTexas Supreme Court · 1876
  5. Givens v. TaylorTexas Supreme Court · 1851

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Victory v. State of TexasTexas Supreme Court · 1942
  2. Champion v. StateAlabama Court of Appeals · 1949
  3. Dixon v. United States Fidelity & Guaranty Co.Court of Appeals of Texas · 1926
  4. Allied Resources Corp. v. Mo-Vac Service Co., Texas Court of Appeals, 13th District1994
  5. Missouri, K. & T. Ry Co. of Texas v. WoodCourt of Appeals of Texas · 1912

4 more not listed; retrieve them via the Exa API.

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