Blanton & Nunnally v. Langston & Co.

Citations

• 60 Tex. 149
• 1883 Tex. LEXIS 283

Syllabus

<p>1. Trial of right of property.—Though a mere lien on property taken in execution furnishes no ground for the interposition of a claim for the trial of the right of property, yet if, by agreement subsequent to the attaching of the lien, the lien holder becomes the absolute owner, the rule can have no application. See opinion for facts which constituted a complete sale and delivery of chattels on which the purchaser before held a lien.</p> <p>2. Practice.— Though, on appeal from the court of a justice of the peace to the county court, no new cause of action can be set up by the plaintiff, nor can any set-off or counterclaim be considered which was not pleaded in the court below, yet this rule has no application to the case of a defendant who, having made the issue in the court below that the property in controversy was not subject to the plaintiff’s execution, relied on a mortgage, and on appeal claimed as a purchaser.</p>