Legal Opinion

Haile v. Oliver

Texas Supreme Court

Decided January 27, 1880PublishedCited by 4 opinions

Appeal from Houston. Tried below before the Hou. W. B. Wood. Suit by F. M. Oliver, for himself and as next friend of his two minor children, against Buhen and Frcdrieh Friday, in trespass to try title for three hundred and forty acres of land.

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Appeal from Houston. Tried below before the Hou. W. B. Wood. Suit by F. M. Oliver, for himself and as next friend of his two minor children, against Buhen and Frcdrieh Friday, in trespass to try title for three hundred and forty acres of land. Petition filed October 4, 1876; writ of sequestration sued out same day; next day writ issued, and land seized valued at $1,500; also fifteen hundred pounds of seed cotton, valued at $30, and one hundred bushels of corn, valued at $50. October 14, 1876, W. E. Tyler, who was styled intervenor, (though the plea of intervention was not filed until three…

1Opinion of the Court

Bonner, Associate Justice.

It is not necessary to consider all the questions raised in this case to arrive at a final determination of the same. "Wo will dispose of but two only: 1st.

Was the replevy bond given by a proper party to make it a valid statutory bond? 2d. Was it, as such bond, conditioned as required by law ?

*446■1st. It is a well-established rule, that a statutory bond, upon which summary judgment can be taken without notice to the sureties, should, to be valid, substantially conform to the statute.

The right to give a replevy bond, by the statute regulating sequestrations, invoked in…

2Cited by4 opinions

  1. Lane v. KempnerCourt of Appeals of Texas · 1916
  2. Collier v. MyersCourt of Appeals of Texas · 1896
  3. Burge v. HindsCourt of Appeals of Texas · 1907
  4. Smith v. HollandCourt of Appeals of Texas · 1891

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