Blumenthal v. Youngblood

• Decision Date: 30 June 1900
• Citation: 59 S.W. 290
• Parties: BLUMENTHAL v. YOUNGBLOOD.
• Court: Texas Court of Appeals

59 S.W. 290

BLUMENTHAL v. YOUNGBLOOD.

Court of Civil Appeals of Texas.

June 30, 1900.

Appeal from district court, Ellis county; J. E. Dillard, Judge.

Trespass to try title by J. L. Blumenthal against W. T. Youngblood. Judgment for defendant, and plaintiff appeals. Reversed.

Singleton & Bisland, for appellant. J. W. Craig and Seay & Seay, for appellee.

BOOKHOUT, J.

The Stoddard Manufacturing Company, an Ohio corporation, on the 20th day of August, 1888, instituted suit in the justice court, precinct No. 3, of Ellis county, on a note in the sum of $86, executed by Youngblood & Co., a firm composed of W. T Youngblood and Willis Ballard. The cause was continued at the first term of the justice court to perfect service on Youngblood, who had been regularly served, and was continued from term to term for service on Ballard till the 25th day of August, 1890, when judgment was rendered in favor of the Stoddard Manufacturing Company against said Youngblood & Co., said judgment showing that W. T. Youngblood and Willis Ballard constituted the firm of Youngblood & Co., and the amount of said judgment was $126.91. Execution was issued on said judgment on the 3d of September, 1890, and alias execution September 25, 1899. The 52 acres of land in controversy were levied upon under said alias execution on the said 25th day of September, 1899, and sold, after being properly advertised, on the 7th day of November, 1899, to appellant, for the sum of $50. Said land was the property of W. T. Youngblood at the date of said levy and sale. Appellant, on the 20th day of November, 1899, filed his petition in trespass to try title against appellee W. T. Youngblood to the 52 acres purchased at said execution sale. Appellee answered by plea of not guilty, and on that issue the parties went to trial before the court, a jury having been waived, and on the 16th day of December, 1899, judgment was rendered in favor of defendant to which judgment the plaintiff excepted, and prosecuted an appeal to this court.

The following facts are shown by the record: On the ____ day of ____, 1888, the Stoddard Manufacturing Company instituted suit in the justice court, precinct No. 3, Ellis county, against Youngblood & Co., a firm composed of W. T. Youngblood and Willis Ballard, on a note for the sum of $86. Citation issued, and was duly served on W. T. Youngblood. On August 25, 1890, judgment was rendered in favor of plaintiff against Youngblood & Co. for $126.91. This judgment was a general judgment against the firm, and did not, on its face, purport to be a judgment against either member of the firm individually. On the 26th of September, 1899, an execution was issued on this judgment against Youngblood & Co., stating that it was a firm composed of W. T. Youngblood and Willis Ballard, and was levied upon 52 acres of land as the property of W. T. Youngblood, and the same was regularly sold thereunder, and bid in by plaintiff, Blumenthal, for the sum of $50.

Conclusions of law: The trial court was of...