Chrisman v. Grayham

Citations

• 49 Tex. 491

Syllabus

<p>1. Tbiax of bight of property—Jurisdiction.—Property levied on under an execution from the District Court was claimed by a third party, under the statute, by affidavit and claim bond. The officer making the levy appraised the property at four hundred dollars: Held, That the District Court did no't have jurisdiction to try the issue raised by the claim.</p> <p>2. Claim: bohd may be set aside.—Sureties may, within one year from the date a claim bond has been declared forfeited, institute proceedings to set it aside, so as to prevent it from having the effect of a judgment. (Paschal’s Dig., 4625.)</p> <p>3. Same—Practice.—1The District Court having assumed jurisdiction to try title to property claimed under the statute and appraised at $400, the sureties would have the right to relief by injunction suit or motion, so as to prevent the abuse of the process of the court without jurisdiction.</p>