Groesbeck v. Evans

• Decision Date: 23 November 1904
• Citation: 83 S.W. 430
• Parties: GROESBECK et al. v. EVANS.<SMALL><SUP>*</SUP></SMALL>
• Court: Texas Court of Appeals

83 S.W. 430

GROESBECK et al. v. EVANS.^*

Court of Civil Appeals of Texas.

November 23, 1904.

Appeal from Liberty County Court; M. D. Rayburn, Judge.

In an action by J. T. Evans against J. D. Owens J. N. Groesbeck interposed a claim to property attached. From the judgment rendered, claimant appeals. Reversed.

H. E. Marshall, for appellant.

PLEASANTS, J.

Appellee, J. T. Evans, in a suit brought by him against J. D. Owens, procured the issuance of a writ of attachment, and said writ was, on November 23, 1903, levied upon 130 sacks of rice claimed by appellee to be the property of Owens. Appellant claimed the rice, and in due time filed a claimant's affidavit and bond, as required by the statute, for a trial of the right of property. The appellant filed in the court below quite a lengthy pleading setting out fully his claim to the property in controversy. This pleading alleges, in substance, that the rice in question was grown on appellant's farm in the year 1903 by J. D. Owens, who was appellant's tenant during said year; that said Owens was indebted to appellant in the sum of $484 for advances, tools and supplies furnished him by appellant to enable him to make said crop of rice, and that appellant acquired a landlord's lien upon all of the crop raised by Owens on appellant's farm during said year to secure said indebtedness; that the rice in question had not been removed from said premises at the time it was levied upon, and that it was subject to appellant's said lien, and was in his possession at the time of the levy. He further alleges that Owens was his tenant during the year 1902, and became indebted to him for supplies and advances made to him during said year in the sum of $1,900; that on November 19, 1903, Owens, in part payment of said indebtedness, transferred and delivered to him all of the rice to which Owens was entitled by reason of the rental contract between him and appellant for the year 1903. This pleading concludes as follows: "That on the said 19th day of November, 1903, the defendant took possession of all of the said rice on said place, as well that which had been set apart to defendant as that which had been set apart to said Owens, and that defendant became the legal owner of all of the rice on said place, including that rice on which the attachment was levied herein; and that defendant was in possession of same on the said 19th day of November, and continued thereafter until and including the 23d day of November, when the said rice was seized. Defendant further shows the court that the transfer and delivery to him by the said Owens of said rice was in good faith, and was for value, and was not made for the purpose of enabling the said Owens to hinder, delay, or defraud his creditors; that in truth and in fact the amount of rice so turned over, transferred, and delivered to defendant by the said Owens was greatly inadequate in value to pay the amount of the indebtedness of the said Owens to defendant, as above set out, and that the said Owens is now indebted to defendant in, to wit, the sum of $1,500. Premises considered, defendant prays that he have judgment herein for the property, and for a foreclosure of his landlord's lien on the same, and for full and general relief in law and equity, for costs of suit; and this he will ever pray." The appellee (plaintiff in the court below) filed a general demurrer to the pleadings of appellant...