Cheatham v. Riddle
Texas Supreme Court
Appeal from Titus. This suit was brought by the appellee torecover of the appellant two negroes, John and America, claimed tobe the property of the plaintiff's intestate, Benjamin Elliot. Upon instituting this suit the plaintiff filed an affidavit, stating that ho feared that the defendant would remove the negroes sued for beyond'the limits of this State during the pendency of the suit.
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Appeal from Titus. This suit was brought by the appellee torecover of the appellant two negroes, John and America, claimed tobe the property of the plaintiff's intestate, Benjamin Elliot. Upon instituting this suit the plaintiff filed an affidavit, stating that ho feared that the defendant would remove the negroes sued for beyond'the limits of this State during the pendency of the suit. A writ of sequestration was obtained and served, and'the defendant entered into bond with two sureties for tiie forthcoming of the negroes to abide the judgment of tiie court. Tiie defendant moved the court to…
1Opinion of the CourtWheeler, J.
Tlie act of 1S4G (Hart. Dig., art. 70S) provides that “ no writ of qnin limet, attachment, or any other original writ or 'process whereby tlie property of any citizen of this State shall be ordered to be seized or taken into custody, shall be issued by any civil officer of this State or by order of any judge of tlie same, unless the party applying for such writ or process shall first make affidavit in writing of the truth of the matter set forth in his petition.”
It is insisted for the appellee that this provision is dispensed with by die act of 1S48, regulating sequestrations, (Id., p. 802,)…
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