White v. Stribling

Citations

• 71 Tex. 108
• 9 S.W. 81
• 1888 Tex. LEXIS 1109

Syllabus

<p>1. Distress Warrant—Exempt Property—Damages.—A landlord obtained a distress warrant for rent. The constable to whose hands the writ came, without instructions, levied upon household furniture of the tenant exempt from levy. The property was sold under the proceedings, in absence of any testimony showing knowledge or ratification of the seizure of the exempt property on part oi the landlord held, (1) it is presumed the landlord intended that no action should be taken under the writ not authorized by law, and (2) that in absence of proof of ratification of the illegal levy he is not liable in damages for the seizure of the exempt property.</p>