Livingstone v. Wright

Citations

• 68 Tex. 706
• 5 S.W. 407
• 1887 Tex. LEXIS 759

Syllabus

<p>1. Trial of Right of Property.—In a proceeding under the statute to try the right of property levied upon to satisfy a judgment, if the issue is determined against the claimant, judgment should be rendered against him and the. sureties on his bond for the value of the property with interest from the date of the bond; and in the absence of fraud or collusion between the judgment creditor and debtor, the claimant can not be permitted to go behind the judgment and inquire into the debt upon which that judgment was rendered.</p> <p>2. Case Overruled—Landlord’s Lien.—Reference again made to the fact that the case of Green v. Bear Bros. (5 Texas Law Review), is over* ruled. A landlord has a lien on the house leased by him, on all the property of the tenant it contains, not exempt from forced sale, for all rent accrued and to accrue during the entire term of the lease.</p>