Legal Opinion

Jones v. Bull

Texas Supreme Court

Decided November 23, 1896PublishedCited by 4 opinions

Error to Court of Civil Appeals, Second District, in an appeal from Eastland County. The proceeding was a trial of right of property under the statute. Jones held a mortgage on a tract of land, including certain gin machinery fixtures thereon, which mortgage he foreclosed and took out order of sale.

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Error to Court of Civil Appeals, Second District, in an appeal from Eastland County. The proceeding was a trial of right of property under the statute. Jones held a mortgage on a tract of land, including certain gin machinery fixtures thereon, which mortgage he foreclosed and took out order of sale. Bull, who claimed to own the machinery under a levy and sale of it as personal property on a judgment against the mortgagor, which proceedings, however, had left it still attached to the land, filed a claimant’s bond, under which he took possession of and converted the machinery. A recovery by…

1Opinion of the Court

BROWN, Associate Justice.

From the record in this case we glean the following statement as the facts upon which the proceeding was based: The plaintiff in error, G-. A. Jones, held a mortgage on a certain tract of land of one acre, with gin machinery situated thereon, in Eastland County, then owned by his son, J. S. Jones. The mortgage is not assailed in any way by the proceedings, and we presume that it was regularly recorded and held its lien as against the defendant Bull.

J. S. Jones was indebted to T. D. Bull, who sued out a writ of attachment in the County Court of Eastland County against…

2Cases cited6 opinions

  1. Cresson v. StoutNew York Supreme Court · 1819
  2. Huebschmann v. McHenryWisconsin Supreme Court · 1872
  3. Ogden v. StockIllinois Supreme Court · 1864
  4. Kimball v. LohmasCalifornia Supreme Court · 1866
  5. Laflin v. GriffithsNew York Supreme Court · 1860

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Brokaw v. CollettTexas Commission of Appeals · 1928
  2. Fleming & Fleming v. PyeCourt of Appeals of Texas · 1906
  3. Hunnicutt v. LeeTexas Commission of Appeals · 1931
  4. Standard Savings & Loan Ass'n v. MillerCourt of Appeals of Texas · 1938

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