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1 White & W. 36

Bailey v. Miears

Court of Appeals of Texas

Decided December 18, 1880

Court of Appeals of Texas · decided 1880-12-18

<p>Appeal from Lamar County.</p>

Relies on Hagan v. Lucas · Acker v. White · Selleck v. Phelps

Decided 1880-12-18

¶1Opinion by

Hurt, J.

¶2§ 84. Property in custody of the law tvhen delivered on claim bond. Property which has been levied upon under process, and delivered to a claimant who has executed a bond therefor under the statute providing for the trial of the right of property, is in custodia legis and not subject to a subsequent levy of process against the defendant in the first process. [Freeman on Judgments, 187; Acker v. White, 25 Wend. 614; Rhines v. Phelps, 3 Gilm. 455; Selleck v. Phelps, 11 Wis. 380; Hagan v. Lucas, 10 Pet. 400.]

¶3Affirmed.

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