Wooters v. Smith

Stayton, Associate Justice. —

This suit was brought by J. C. Wooters and Harrison Brown against B. M. Whitten and John B. Smith, administrator of estate of J. T. Smith, to recover the sum of $2,000.

The petition alleged that on the 27th day of October, 1873, a suit was pending in the district court of Houston county, in which J. C. Wooters and the surviving widow and children of Warren D. Stone were plaintiffs, against B. M. Whitten, to recover a certain tract of land; that in said cause, on the 28th of October, 1873, a writ of sequestration was sued out, and levied'upon the land in…