Boykin v. Rosenfield & Co.

Citations

• 69 Tex. 115
• 9 S.W. 318
• 1887 Tex. LEXIS 788

Syllabus

<p>'31. Sequestration — Petition.—A petition properly sworn to, in which a writ of sequestration was prayed for, described the property to be sequestered as saw logs, in the defendants’ possession, in the county where the suit was brought, “each marked cross within a circle on the end of the log, averaging from fourteen to thirty feet in length and from one foot to thirty inches in diameter and containing in the aggregate about 463,TOO • feet by measurement.” The value of each log was stated. Held: that the property to be sequestered was described with sufficient certainty, there being nothing in the pleadings of either party showing that there was any other property than that seized, which answered the description given.</p> <p>% Same — Bond,—When sequestration is sought against several who are jointly sued, it is not necessary that the plaintiff should execute bond separately to each defendant.</p> <p>3. Mortgage — Description.—A chattel mortgage on certain logs then in a place designated, and on a certain number of other logs which were to be cut by the mortgagor on land described and placed with the former within a specified time, sufficiently describes the property on which the debt is secured. A morí gage on standing trees to be cut by the mortgagor is not void as a chattel mortgage.</p> <p>4. Same — Joinder oe Parties. — In a suit to foreclose a mortgage against parties, each of whom claims in his own right and holds possession of a portion of the mortgaged property, all may be joined as defendants. If the mortgaged propertv, after sequestration, be replevined by the defendants jointly, a joint judgment may be rendered against all; their joint liability resulting from their bond.</p> <p>5. Chattel Mortgage. — Construing section 2 of an act in relation to chattel mortgages, approved April 22, 1879, Held, that the statute does not require, when a copy of a chattel mortgage is filed with the clerk instead of the original, that the copy shall show that the origin