Click v. Stewart

Citations

• 36 Tex. 280

Syllabus

<p>On January 24th, 1871, a landlord sued out a distress-warrant against his tenants for rent due for the year 1870, and had the warrant levied on certain corn, cotton, and other articles found on the rented premises, and belonging to the tenants. Prior to the issuance of the distress-warrant, judgment creditors of the tenants had caused the same property to be levied upon by their executions. To prevent a sale under the executions, the landlord sued out injunction against the judgment creditors and the officer who levied their executions. Held, that it was error to dissolve the injunction and dismiss the suit. Injunction was the proper remedy for the landlord under such circumstances; and the District Court trying the case should have adjusted the rights of the parties, and, as the tenants were also made parties, should have enforced the landlord’s lien on such of the property as was found on the rented premises within three months after the expiration of the rental year. (Paschal’s Digest, Article 5027; Acts of 1870, p. 103; Mathews v. Burke, 32 Texas, 419.)</p>