Rodrigues v. Trevino
Texas Supreme Court
Appeal from Starr. Tried below before the Hon. John 0. Russell. Suit by Oliviade Leon Rodrigues, her husband, Felipe Rodrigues, and Antonio Leon de Leon, a minor, against Manuel Trevino and three others.
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Appeal from Starr. Tried below before the Hon. John 0. Russell. Suit by Oliviade Leon Rodrigues, her husband, Felipe Rodrigues, and Antonio Leon de Leon, a minor, against Manuel Trevino and three others. The petition alleged in substance, that in 1871 the defendant Manuel Trevino, and his brother, since deceased, brought suit by attachment in Starr county against Manuel Leon de Leon, which was levied upon a stock of horses, cattle and sheep; that judgment was obtained by the plaintiffs in that suit and defendant appealed; that pending the appeal, at the November term of the district court,…
1Opinion of the Court
Moore, Chief Justice.
If this case was properly before the court for hearing on the demurrer when the judgment from which this appeal is presented was rendered, it should be affirmed.
If appellants were the owners of the property, or any part of it, which was seized by the attachment in the case of Leon de Leon, they had their election to replevy and try their right to it mider the statute; to sue the sheriff for damages for the trespass committed by his wrongful levy, or sue the purchaser, wrongfully holding under the sheriff’s sale.
The property was seized and sold as that of the defendant in…
2Cited by14 opinions
- Linn v. ArambouldTexas Supreme Court · 1881
- Potlatch Lumber Co. v. RunkelIdaho Supreme Court · 1909
- Hodges Drilling Co. v. TylerCourt of Appeals of Texas · 1921
- International & G. N. Railroad v. Smith CountyTexas Supreme Court · 1882
- Hughey v. MosbyCourt of Appeals of Texas · 1902
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