Lott v. Keach
Texas Supreme Court
Appeal from Washington. This was a trial of the right to certain property levied on hy virtue of an execution in favor of the appellee against Robert A. Lott, the husband of the appellant. The sheriff made return upon the execution of a levy on certain cattle “ on the premises of Robert A. Lott.” The appellant claimed the property and gave bond for the trial of the right of property. At the trial the court ruled that the burden of proof was on the claimant.
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Appeal from Washington. This was a trial of the right to certain property levied on hy virtue of an execution in favor of the appellee against Robert A. Lott, the husband of the appellant. The sheriff made return upon the execution of a levy on certain cattle “ on the premises of Robert A. Lott.” The appellant claimed the property and gave bond for the trial of the right of property. At the trial the court ruled that the burden of proof was on the claimant. The jury returned a verdict in favor of the plaintiff in execution; whereupon the court adjudged the property subject to the execution,…
1Opinion of the CourtWheeler, J.
The act prescribing the mode of trying the right of property levied on by virtue of an execution (Acts of 1848, pp. 140, 141, sec. 3) provides that “if the property claimed was taken from the, possession of the claimant, then the burden of proof shall be upon the plaintiff' in the original execution;” * * * “but if the property so claimed was taken from the possession of any other person than snob claimant, then the burden'of proof shall be upon such claimant.” The return of the sheriff showed that tiro property in question was taken from.the possession of the defendant in execution. The…
2Cited by9 opinions
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