Arnold v. Meyer
| Decision Date | 18 October 1917 |
| Docket Number | (No. 1880.) |
| Citation | 198 S.W. 602 |
| Parties | ARNOLD et al. v. MEYER. |
| Court | Texas Court of Appeals |
Appeal from District Court, Smith County; J. R. Warren, Judge.
Suit by Joe Meyer against Horace Arnold and others. From the order appointing a receiver, the defendants appeal. Reversed and remanded.
T. N. Jones, of Tyler, for appellants. Simpson, Lasseter & Gentry, of Tyler, for appellee.
This appeal is from an order made in vacation appointing a receiver. The suit was instituted by the appellee against the appellants, R. S. Arnold and Willie Clay to recover a judgment on certain promissory notes and to foreclose liens given to secure their payment. The first note described in the petition is one on which a balance of $354.45, exclusive of interest and attorney's fees, was claimed to be due. This note, it is alleged, was secured by a mortgage upon certain horses, cattle, farm implements, and crops to be grown during the years of 1916, 1917, and 1918. The plaintiff also sought a judgment on a group of notes given for the purchase price of a tract of land and secured by a vendor's lien. The petition closed with a prayer for the appointment of a receiver empowered to take charge of both the land and the personal property incumbered by the liens referred to. As grounds for appointing a receiver to take charge of the personal property, it was alleged as follows:
"That the property covered by said mortgage is wholly insufficient to discharge the debt for which the same was given to secure, and that said property is in danger of being materially injured pending this suit; that the condition of the mortgage hereinbefore described has not been performed; that the defendant Clay is insolvent, will use said property during the pendency of this suit and not pay anything for the use, hire, or increase thereof, but will illtreat and injure same pending this suit."
For reasons which will hereafter appear it will be unnecessary to refer to the averments authorizing the appointment of a receiver to take charge of the real estate. The petition was sworn to by F. D. Taylor, who is described as an agent of the plaintiff below. Upon presentation of this verified petition, the trial judge in chambers entered an order appointing Will Wright receiver, with authority to take charge of the personal property alone upon the filing of a bond in the sum of $800 to be approved by the clerk.
It is contended by the appellants that the facts set out in...
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Head v. Roberts
...such appointment. Myerscough v. Garrett, Tex.Civ.App., 45 S.W.2d 1003; Zanes v. Lyons, Tex.Civ.App., 36 S.W.2d 544; Arnold v. Meyer, Tex.Civ.App., 198 S.W. 602. Article 2319, R.C.S., is as follows: 'Rules of equity shall govern. In all matters relating to the appointment of receivers, and t......
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Myerscough v. Garrett
...par. 9; Simpson v. Alexander (Tex. Civ. App.) 188 S. W. 285; Gibbons Mfg. Co. v. Milan (Tex. Civ. App.) 17 S.W.(2d) 844; Arnold v. Meyer (Tex. Civ. App.) 198 S. W. 602; Zanes v. Lyons (Tex. Civ. App.) 36 S.W.(2d) 544; Adams v. Woodall (Tex. Civ. App.) 289 S. W. 728; White Star Ins. v. Engli......
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Morris v. North Fort Worth State Bank
...but even so, and especially where it is sought to have a receiver appointed without notice, the rules of equity apply. Arnold v. Meyer, Tex.Civ.App., 198 S.W. 602; Myerscough v. Garrett, Tex.Civ.App., 45 S.W.2d 1003; Zanes v. Lyons, Tex.Civ.App., 36 S.W.2d 544. It is now well settled that t......
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Solomon v. Mathews
...such a matter not inconsistent with the provisions of the statute. Simpson v. Alexander (Tex. Civ. App.) 188 S. W. 285; Arnold v. Meyer (Tex. Civ. App.) 198 S. W. 602; Hodges Drilling Co. v. Tyler (Tex. Civ. App.) 233 S. W. 548. It is universally held that appointments of receivers on ex pa......