Pierson v. Farmers' State Guaranty Bank

• Decision Date: 30 October 1918
• Docket Number: (No. 6111.)
• Parties: PIERSON et al. v. FARMERS' STATE GUARANTY BANK.
• Court: Texas Court of Appeals

206 S.W. 730

PIERSON et al. v. FARMERS' STATE GUARANTY BANK.

(No. 6111.)

Court of Civil Appeals of Texas. San Antonio.

October 30, 1918.

Rehearing Denied November 27, 1918.

Appeal from District Court, Cameron County; W. B. Hopkins, Judge.

Action by the Farmers' State Guaranty Bank against L. B. Pierson and others. From an order granting a temporary injunction, defendants appeal. Affirmed.

G. R. Whitley, of San Benito, and McCollum Burnett, of San Antonio, for appellants.

J. M. Mothershead, of San Benito, and Jones & George, and James A. Graham, all of Brownsville, for appellee.

SWEARINGEN, J.

This is a suit by the Farmers' State Guaranty Bank, appellee, against L. B. Pierson, Selma Pierson, McCollum Burnett, and George R. Whitley, and the sheriff of Cameron county, Texas, Mr. W. T. Vann. The purpose of the suit is to set off two judgments in favor of the respective parties and enjoin the defendants from levying execution to satisfy their judgment.

A temporary injunction was ordered by the court without a hearing. From this temporary injunction appellants prosecute this appeal.

The petition contains the following allegations:

"Plaintiff shows: That heretofore, to wit, on the 27th day of March, 1917, the defendants L. B. Pierson and Selma Pierson, in the district court of Cameron county, Tex., in cause No. 2810, styled L. B. Pierson et al. v. Farmers' State Guaranty Bank, recovered a judgment against this plaintiff in the sum of $3,000 with 6 per cent. interest thereon from the 27th day of April, 1914, together with all costs of suit. That thereafter said cause was duly appealed to the Court of Civil Appeals of the Fourth Supreme Judicial District of Texas, which last-named court affirmed the judgment and decision of the district court of Cameron county, Tex. (201 S. W. 424), which judgment and decree of said appellate court was duly certified for observance to the said lower court and mandate of said appellate court filed in said district court on the 18th day of April, 1918. Whereupon, the said L. B. Pierson and Selma Pierson, and said McCollum Burnett and George R. Whitley, acting with them, applied for and caused to be issued out of the district court of Cameron county, Tex., an execution on said judgment, which execution is now in the hands of said W. T. Vann, as sheriff of Cameron county, Tex., and is for the sum of $3,720, the amount now due upon said judgment, and $60.80 costs, and that, if not restrained by the injunction and order of this court, said W. T. Vann, sheriff as aforesaid, will proceed to seize and sell the property of this plaintiff in satisfaction of said judgment and the amount of money recited in said execution, to the great and irreparable injury of this plaintiff, as hereinafter more fully shown, and against which said acts and threatened acts of the said sheriff, this plaintiff has no adequate remedy at law, as will be hereinafter more fully explained.

"Plaintiff shows that, as aforesaid, said judgment was rendered in favor of the said L. B. Pierson, but that in truth and in fact, as this plaintiff is informed and believes, and on such information and belief charges the fact to be, the said judgment and cause of action upon which judgment was rendered was prior to the rendition thereof and at the time of rendition thereof, and is now and has always been, the property of the said L. B. Pierson, and that he is the real and beneficial owner of said judgment and the rights secured thereby, and the said Selma Pierson has no interest therein. Plaintiff further shows that said defendants Burnett and Whitley are claiming some interest in said judgment and under some form of transfer made by the said L. B. Pierson to them, but that said transfer, if any in fact exists, was and is colorable and assimilated, not made in good faith and made...