Frankel v. Byers

Decided June 29, 1888

Texas Supreme Court · decided 1888-06-29

Tried below before the Hon. T. B. Wheeler. This is a suit filed in the district court of Shackelford county-on April 20, 1885, by appellee and one John Palm, trustee, against appellant and one S. R. Weaver and Ira J. Culver, to obtain a personal judgment against defendant Weaver on two promissory notes made by him to F. E. Conrad & Co., in 1883, and to foreclose a lien on a lot of sheep and other property, created by two deeds of trust made by said Weaver to said F. E.…

Good law ✅— No negative treatment on recordhow we know

Decided 1888-06-29

How this case has been cited

Cited by 8 later decisions — most recently October 1948

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Walker, Associate Justice.

¶1As against appellant the judgment below should have followed the statute. (Rev. Stats., 1340.) The only decree of foreclosure authorized by the pleadings and the statute was subjecting the sheep to the judgment and that an order of sale issue directing the sheriff to seize the three hundred and fifty head of sheep described in the judgment and to sell them as under execution; the proceeds to be applied upon the judgment.

¶2The judgment below will be reversed and here rendered in accordance with this opinion.

¶3Reversed and rendered.

¶4Opinion delivered June 29, 1888.