Abacock v. St. Louis Type Foundry

Citations

• 59 Tex. 514
• 1883 Tex. LEXIS 215

Syllabus

<p>1. Contract— Sequestration.— The plaintiff, who had been the owner of personal property, received from defendant certain notes which were designated in a contemporaneous agreement as having been executed for the rent thereof. The agreement-specified that the property was leased to defendant, and that plaintiff might, on the non-payment of any note at maturity, enter and take possession of the property, with or without notice; but it also stipulated that if all the notes were paid at. maturity the plaintiff was to give the defendant a bill of sale to the property withunincumbered title. Default was made in payment, and the property was sequestered by the plaintiff. Held,</p> <p>(1) That it was immaterial whether the contemporaneous agreement and the notes should be construed as a conditional sale, a lease, or a mortgage. There was nothing in the relief sought by plaintiff that could prejudice the rights of the defendant; and a decree declaring the existence of alien on the property, and ordering a sale to satisfy it, afforded no ground for reversal.</p>