Cleveland v. Tufts

Citations

• 69 Tex. 580
• 7 S.W. 72
• 1888 Tex. LEXIS 898

Syllabus

<p>1. Jurisdiction — Trial of Right of Property. — The assessment of value placed on property by the officer who seizes it under attachment should determine the jurisdiction on the trial of the right of property, and not its value as subsequently ascertained on trial.</p> <p>2. Same. — When a cause is removed to the district court from the county court on account of the disqualification of the county judge, the original jurisdiction of the district court immediately attaches and the cause proceeds to trial as if originally instituted there. Such jurisdiction is original, and it is immaterial whether the county court’s jurisdiction had properly attached or not.</p> <p>3. Practice Amendment. — A claimant in an actiop for the trial of the-right of property may amend as in any other action, and claim such damages as he may have sustained from the illegal seizure of his property. The right to amend is confined to so particular class of actions.</p> <p>4. Right of Action. — Money paid upon a judgment, afterwards reversed, may be recovered by the party who made the payment, if the payment was made to prevent the sale of the defendant’s property under execution. It will not be considered voluntary, and the judgment, on reversal, will be treated as though it had never existed.</p> <p>5. Same. — When the plaintiff has purchased at execution sale, and the judgment is afterwards reversed, the defendant may recover from him the property itself, or, if it has been alienated, its value. If, however, the purchase was made by a third party, his right and possession will not be disturbed, but the defendant must look to the plaintiff, who caused the seizure and sale, for reimbursement.</p> <p>8. Measure of Damages. — Authorities bearingupon the subject cited and the doctrine announced, that when such a sale is made and the judgment authorizing it is reversed, the measure of defendant’s damages is not what the property .realized at forced sale, but its full value, and this though the p