State Exchange Bank v. Smith
Court of Appeals of Texas
Appeal from District Court, Ellis County; F. D. Hawkins, Judge. Action in attachment by P. P. Smith against Acklin Brothers, in which the State Exchange Bank appeared and claimed the property, under a mortgage. From a judgment for plaintiff, the State Exchange Bank appeals.
1Opinion of the CourtTalbot, J.
This is a suit for the trial of the right of property. On December 18, 1912, appellee, P. P. Smith, instituted suit in the district court of Ellis county, Tex., against Acklin Biros., to recover $1,504.25 and costs of suit, and caused a writ of attachment to issue in said suit, which was levied by the sheriff of Ellis county, Tex., upon five horses, three sets of harness, and four wagons, valued by said sheriff at $1,300. Appellant, State Exchange Bank, presented to said sheriff its claimant’s bond and affidavit, both executed in accordance with law, and said sheriff turned over said property…
2Cases cited2 opinions
- P. J. Willis & Bro. v. ThompsonTexas Supreme Court · 1892
- Jones v. LawrenceCourt of Appeals of Texas · 1912