"Your petitioner, Frank C. Wedig, a resident citizen of the county of Travis and state of Texas, who will hereinafter be styled plaintiff, brings this suit and files this petition against P. L. Meyer, a resident citizen of the county of Travis and state of Texas, and the San Antonio Brewing Association, a private corporation created under the laws of the state of Texas, having its principal office in the city of San Antonio, in the county of Bexar, in the state of Texas, its president being C. Kohler, who resides in said last-named county and state, and having a duly-authorized agent in the city of Austin, in said county of Travis, such agent being the said defendant P. L. Meyer, who will hereinafter be styled defendants; and for cause of action plaintiff alleges:
"(1) That on or about the 21st day of June, 1899, plaintiff was engaged in the business and occupation of a retail liquor dealer in the city of Austin, in the county of Travis and state of Texas, and as such dealer, and as part of his stock in trade, and as necessary for the transaction of his said business, had and owned certain fixtures and furniture of the reasonable and just value of thirteen hundred and fifty dollars, and consisting in part of the following articles: One counter, one back shelf, one mirror, one show case, four electric fans complete, four wine rooms, one storeroom, one iron safe, one partition, four tables, eighteen chairs, one foot railing, lot of glassware and lot of silverplated bar spoons and bar utensils, all of which said articles were used in the business and occupation of plaintiff as a retail liquor dealer in that certain storeroom and building situated at No. 701 Congress avenue, on corner of East Seventh street, in the city of Austin, aforesaid, on or about the 21st day of June, 1899, and for more than twenty months prior thereto.
"(2) That on the 12th day of November, 1897, the plaintiff being indebted to the defendant the San Antonio Brewing Association in the sum of fifteen hundred dollars, this plaintiff executed his promissory note in said sum of money due one day after date, with interest from date at the rate of seven per cent. per annum, to the said San Antonio Brewing Association.
"(3) That on said 12th day of November, 1897, in order to secure the just and full payment of the aforesaid promissory note for fifteen hundred dollars and interest, plaintiff herein made, executed, and delivered to the defendant the San Antonio Brewing Association a chattel mortgage, a copy of which is hereto annexed,—Exhibit A,—and prayed to be taken and considered as a part of this petition, whereby plaintiff conveyed to the defendant as a security the personal property, with some others, which is hereinbefore described, and which was then situated in the aforesaid building and saloon situated at No. 701 Congress avenue, aforesaid; which said chattel mortgage, among other things, stipulated that the plaintiff promised to pay off the note secured by mortgage at the rate of not less than fifty dollars per month from date.
"(4) That on or about the 1st day of July, 1898, plaintiff, for valuable consideration, made, executed, and delivered to defendant the San Antonio Brewing Association his certain promissory note for the sum of six hundred dollars, due one day after date.
"(5) That on or about the 16th day of July, 1898, in order to secure the full payment of the aforesaid note for six hundred dollars and interest, plaintiff herein made, executed, and delivered unto the defendant the San Antonio Brewing Association a certain chattel mortgage (a copy of which is herein annexed marked `Exhibit B,' and prayed to be taken and considered as a part of this petition), whereby plaintiff mortgaged to defendant the San Antonio Brewing Association those certain retail liquor dealer licenses for state, county, and city which were used in plaintiff's said place of business, as hereinbefore described, as well as all other personal property which was then or might be thereafter placed therein.
"(6) That on or about the 21st day of June, 1899, defendant the San Antonio Brewing Association filed suit in the county court of Travis county, Texas (cause No. 3,219), against the plaintiff for balance due on the two aforesaid promissory notes, and to foreclose its lien on the personal property set out and described in the two aforesaid chattel mortgages, alleging a balance to be due on same of the sum of eight hundred and eight dollars, together with interest and attorney's fees, which allegation so contained in said suit plaintiff now avers not to be the truth, said plaintiff herein not being at that time indebted to the said San Antonio Brewing Association in any such amount, although he admits that he was at the date of the filing of said suit indebted to said brewing association in some sum, but he denies that the same amounted to the sum of eight hundred dollars, but that such indebtedness, if any, did not and does not amount to near as much.
"(7) That on the said 21st day of June, 1899, the defendant the San Antonio Brewing Association, conspiring and confederating with the said defendant P. L. Meyer to injure plaintiff, and to destroy his business, credit, and reputation, procured the said defendant P. L. Meyer to make and file his, the said P. L. Meyer's, affidavit for a writ of sequestration in said cause against this plaintiff, in which said affidavit he, the said P. L. Meyer, did swear that the said sum of eight hundred and eight dollars, with interest and attorney's fees, was due and owing to the said San Antonio Brewing Association by this plaintiff; that the said association had a lien or mortgage on the aforesaid personal
property to secure the same; and that the San Antonio Brewing Association was entitled to the possession of said personal property, and that it feared that this plaintiff, who was in possession of said property, would injure, ill treat, waste, or destroy such property during the pendency of such suit; and further set up and alleged in said affidavit that the value of the property on which said lien was claimed to exist to be the sum of five hundred and twenty-nine dollars; and this plaintiff now alleges that said affidavit was untrue and false in these particulars, viz.: That he was indebted to said association in the sum...
