Dunlap v. Rotge

SMITH, Chief Justice.

The parties will be designated as plaintiff and defendants, as in the trial court.

Plaintiff brought this action for, and recovered, a money judgment and decree of foreclosure of a lien upon certain real property belonging to defendants, situated in Jim Wells county. From that judgment, defendants are prosecuting an appeal to this court, but have not sought to stay execution by filing supersedeas bond.

In this situation plaintiff procured issuance of execution, and order of sale, by virtue of which the sheriff levied upon and advertised the property for sale, as provided by…