Piggott v. Schram & Co.

Citations

• 64 Tex. 447

Syllabus

<p>1. Uncertainty —Attachment —Allegations.—In a suit on a sworn account for the sum of $3,038.30, with interest on $3,015.56, the petition alleged that defendant refused to pay plaintiffs’ debt, to their damage $3,450, and prayed for a writ of attachment against defendant’s property, sufficient to satisfy their debt, interest and cost of suit, which they averred would amount to $3,500. ■ The affidavit for attachment alleged that the facts set forth in the petition were true, and that the defendant was justly indebted to plaintiffs in the sum of $3,038.30, with interest on $3,015.56. Held, that there was no uncertainty or contradiction as to the amount of indebtedness claimed; the allegation of damages was not to be construed as an averment of the amount of the indebtedness, especially where the debt was expressly stated and itemized. The attachment did not purport to be sued out for plaintiffs’ damages, but merely for the debt.</p> <p>2. Attachment — Foreclosure.—A construction of articles 160 and 180 of the Revised Statutes shows clearly that the same rule applicable to mortgages and other like liens applies to the foreclosure of attachment liens, and that the right to decree a foreclosure and sale of the property attached for the interest and costs accruing up to the date of the judgment is clear and unquestionable.</p> <p>3. Attachment — Assignment — Creditors — Intent.— An assignment of property was made for the benefit of creditors and the property put in the hands of the assignee. One of the creditors sued out a writ of attachment a few minutes before the deed of assignment was registered, but it was not executed until a few minutes after such registry. The only evidence offered to prove fraud was the mere fact of the assignment having been made, and some testimony tending to show that the debtor was influenced to make the assignment by the expectation that the attachment was about to be sued out. Held:</p> <p>(1) That the assignment law does not recognize or