Travelers Insurance v. Gibson

Mr. Presiding Judge Harvey

delivered the opinion of the Commission of Appeals, Section A.

This is an action of trespass to try title instituted on January 3, 1936, by the plaintiff in error, Travelers Insurance Company, against the defendant in error, Desmond Gibson, for the recovery of a certain tract of land — constituting a farm —in Limestone County. On January 25, 1936, the Insurance Company caused a writ of sequestration to be issued and placed in the hands of the constable for execution. Levy of the writ was not made for the reason that Gibson surrendered possession of the farm. In his…