De Forest, Armstrong & Co. v. Miller

Citations

• 42 Tex. 34

Syllabus

<p>1. When plaintiff is not entitled to judgment by default against a claimant.—Wo judgment by default can be rendered against a claimant of property seized under execution, and who by giving the statutory bond has obtained possession of the property, until after an issue is directed by the court. The act of the plaintiff, in filing a plea without notice to the claimant before default day, and tendering an issue, does not entitle him to judgment on default day in the absence of an answer by claimant.</p> <p>2. When interest of a partner may be sold under execution.—The separate interest of a partner may be seized and sold under execution, subject to the rights of other parties, and the creditors are not bound to wait until those rights are ascertained, but may require the sheriff to proceed aud sell. (The doctrine an- , nounced in Warren v. Wallis, Landes & Co., 38 Tex., 228, qualified.)</p>