Choate v. McIlhenny Co.

Citations

• 71 Tex. 119
• 9 S.W. 83
• 1888 Tex. LEXIS 1111

Syllabus

<p>1. Trial op Right op Property—Issues.— A claimant in presenting issues under the statute must state the nature of his claim to the property. Where such claimant alleged a purchase from one of the defendants against whom the writ extended, which purchase was successfully attacked for fraud, he can not take advantage on the trial of testimony developing that his vendor had a partner owning half interest in the property, so as to reduce the effect of the attack upon his contract of purchase to the separate interest of his vendor.</p> <p>2. New Trial.—A motion for new trial upon ground of ignorance of such partial ownership, by his vendor, should be supported by satisfactory proof of ignorance before the trial.</p> <p>3. Fact Case.—But the claimant having disposed of more than half of all the property purchased, the seizure of less than one-half would not work damage to his half interest not attacked</p>