Meter, Weis & Co. v. Oliver & Griggs
Texas Supreme Court
Error from Limestone. Tried below before the Hon. L. D. Bradley. Suit for trial of the right of property between Oliver & Griggs, appellees, and Meyer, Weis & Co., claimants, and R. T. Mosely and S. Pulver, the sureties upon their claim bond. Oliver & Griggs, plaintiffs below, on the 1st day of January, 1881, rented to one Sol Weis, a store, described in appellees’ tender of issues, in the town of Mexia, Limestone county.
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Error from Limestone. Tried below before the Hon. L. D. Bradley. Suit for trial of the right of property between Oliver & Griggs, appellees, and Meyer, Weis & Co., claimants, and R. T. Mosely and S. Pulver, the sureties upon their claim bond. Oliver & Griggs, plaintiffs below, on the 1st day of January, 1881, rented to one Sol Weis, a store, described in appellees’ tender of issues, in the town of Mexia, Limestone county. Weis went into possession on that day, agreeing to pay monthly the reasonable rental value thereof, and so. remained in possession until December 28, 1881, upon which date…
1Opinion of the Court
Watts, J. Com. Apr.—
It is claimed that Weis’ occupancy of the store-house ceased on the day the marshal levied the attachment upon the property. This proposition is not maintainable. The marshal had no further right to the occupancy of the house than was necessary to enable him to complete the levy and remove the *586property. As Weis did not terminate the renting by notice to his landlords, the court correctly held that, in contemplation of law, the occupancy of the marshal was the occupancy of the tenant. So long as the goods were in the possession of the marshal they were not subject to…
2Cited by9 opinions
- Barret v. HeartfieldCourt of Appeals of Texas · 1940
- Frith v. WrightCourt of Appeals of Texas · 1915
- Owens v. WilsonSupreme Court of Florida · 1909
- Allen v. BrunnerCourt of Appeals of Texas · 1903
- Betterton v. EppsteinTexas Supreme Court · 1890
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