Bailey v. Miears

Court of Appeals of Texas

Bailey v. Miears

1 White & W. 36

Court of Appeals of Texas·Decided December 18, 1880·No. No. 1533, Op. Book No. 3, p. 439·Published

Opinion

Opinion by

Hurt, J.

§ 84. Property in custody of the law tvhen delivered on claim bond. Property which has been levied upon under process, and delivered to a claimant who has executed a bond therefor under the statute providing for the trial of the right of property, is in custodia legis and not subject to a subsequent levy of process against the defendant in the first process. [Freeman on Judgments, 187; Acker v. White, 25 Wend. 614; Rhines v. Phelps, 3 Gilm. 455; Selleck v. Phelps, 11 Wis. 380; Hagan v. Lucas, 10 Pet. 400.]

Affirmed.

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Opinion by

Hurt, J.

§ 84. Property in custody of the law tvhen delivered on claim bond. Property which has been levied upon under process, and delivered to a claimant who has executed a bond therefor under the statute providing for the trial of the right of property, is in custodia legis and not subject to a subsequent levy of process against the defendant in the first process. [Freeman on Judgments, 187; Acker v. White, 25 Wend. 614; Rhines v. Phelps, 3 Gilm. 455; Selleck v. Phelps, 11 Wis. 380; Hagan v. Lucas, 10 Pet. 400.]

Affirmed.

Bailey v. Miears, 1 White & W. 36 (Tex. Ct. App. 1880).

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