Edwards v. Connolly

Citations

• 61 Tex. 30
• 1884 Tex. LEXIS 39

Syllabus

<p>1. Delivery.— In a proceeding- under the statute to try the right of property a claimant’s bond was executed, and on a trial the property was adjudged to be subject to the levy; judgment was rendered requiring the property to be returned, and for execution. The property levied on consisted of a sorghum mill and evaporator, which were so heavy as to require wagons to remove them. Held, that a tender, by the claimant, of the property back to the officer, which was at that time not visible to the parties, but ten or fifteen miles removed from where the tender to return it was made, did not constitute such a return of the property as is contemplated by the statute.</p> <p>For facts on which the opinion is based see statement of case.</p>