McMahan v. Morgan

Court of Appeals of Texas

McMahan v. Morgan

151 S.W. 1123, 1912 Tex. App. LEXIS 1087

CourtCourt of Appeals of Texas

DecidedNovember 30, 1912

StatusPublished

Cited by2 cases

This text of 151 S.W. 1123 (McMahan v. Morgan) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McMahan v. Morgan, 151 S.W. 1123, 1912 Tex. App. LEXIS 1087 (Tex. Ct. App. 1912).

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Opinion

RAINEY, C. J.

This is an appeal from a judgment of the district court dissolving a temporary injunction which was granted to restrain the collection of certain state and county taxes assessed against appellant, and the sale of certain personal property of appellant valued at 84,500, levied on to pay said taxes.

[1] There was no proof that said taxes were not due and owing by the appellant. It was incumbent upon plaintiff to establish this fact in order to recover.

[2] The fact that the property levied on was excessive will not avail appellant.

[3] It is a familiar legal maxim that he who seeks equity must do equity. As appellant had not paid the taxes nor offered to pay them, he was in no position to seek equity from a court of justice.

The judgment is affirmed. '

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