Vickery v. Ward
Texas Supreme Court
The appellee in this case having obtained a judgment in the •district court of Harris county against one Tarpley and another, sued out an execution to Yictoria county, there being no property found in Harris, and had it levied upon a negro boy slave, as the property of Tarpley, which was then in the possession of the appellant.
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The appellee in this case having obtained a judgment in the •district court of Harris county against one Tarpley and another, sued out an execution to Yictoria county, there being no property found in Harris, and had it levied upon a negro boy slave, as the property of Tarpley, which was then in the possession of the appellant. The appellant replevied the slave, and brought a suit against the appellee in the ordinary form, by petition and summons, in the district court of Yictoria county, to try the right of property, alleging that the negro belonged to him at the time of the levy. The…
1Opinion of the Court
Mr, Justice Lipscomb
delivered the opinion of the court.
This was an action brought by the appellant, by petition and summons, against the appellee, to try the right to a slave levied on by an execution, in favor of the appellee, against one Tarpley. The verdict was in favor of the defendant, finding the slave subject to his execution.
This suit was not brought in conformity to the statutory provisions for trying the right of property, levied on by an execution, and claimed by a third person. That the statutory mode is the most simple, and least expensive, there can be no doubt. And had the…
2Cases cited1 opinion
- Bennett v. GambleTexas Supreme Court · 1846
3Cited by3 opinions
- Lang v. DoughertyTexas Supreme Court · 1889
- Vaughn v. PorterCourt of Appeals of Texas · 1931
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1957