Graham v. Boynton

Citations

• 35 Tex. 712

Syllabus

<p>1. Quaere: Gan a partnership firm be brought within the jurisdiction of a court by attachment of the individual property of one of the partners ?</p> <p>3. An action of debt was brought in a State court, of Texas against a mercantile firm conducted in an adjoining State, of which the several members of the firm were residents. To obtain jurisdiction of the defendants, an attachment was sued out and levied on land in this State, which was the individual property of D., one of the partners. Subsequently the plaintiffs suggested the death of D., the defendant who owned the attached property, and dismissed their suit as to him; and by order of the court the cause proceeded against the surviving partner as the representative of the firm. No personal service had been had on D., nor was the suit revived against his personal representative. Judgment being rendered for the plaintiffs, the attached property rvas sold by the sheriff under final process, and was bought by G. The present suit is trespass to try title, brought by G. to recover possession of the land from a party who bought it from D. after the levy of the attachment, and while the original suit was still pending against D. Held, that after the death of D. and the dismissal as to him, no further proceedings in the original suit could have been legally taken against his individual property; and, therefore, the sheriff’s sale conveyed no title to G., the present plaintiff. See the opinion of the court for a review of numerous decisions in other States upon the questions presented in this case.</p>