Jones v. Hays
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. C. A. Frazer. This suit was instituted by the appellee for the use of Weaver Cotton against G. W. Jones, William Brown, and C. C. Hawkins. The plaintiff Hays, as deputy sheriff of Rusk county, levied an execution in favor of Cotton upon a wagon and ox team, the property of Jones, the defendant in the execution.
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Appeal from Rusk. Tried below before the Hon. C. A. Frazer. This suit was instituted by the appellee for the use of Weaver Cotton against G. W. Jones, William Brown, and C. C. Hawkins. The plaintiff Hays, as deputy sheriff of Rusk county, levied an execution in favor of Cotton upon a wagon and ox team, the property of Jones, the defendant in the execution. Jones, with Brown and Hawkins as his sureties, executed bis bond for the -delivery of the property to the sheriff on the day of sale. This bond was made payable to Hays, who, as deputy sheriff, made the levy, and not to Cotton, the…
1Opinion of the CourtBell, J.
We are of opinion that there is no error in the'
judgment. It was competent for the plaintiff in the court below to maintain the action upon the bond for the use of the plaintiff in execution, although the bond did not comply with the requisitions of the statute in relation to delivery bonds. The delivery bond required by the statute is a security for the judgment debt, and upon forfeiture of the condition of such a bond, the statute' gives a summary remedy. If a bond be executed, though not in compliance with the statute, whereby the property which lias been levied on is taken from the…
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