Cook v. de la Garza
Texas Supreme Court
Error from Victoria. Action by plaintiff in error against defendant in error. Petition addressed to the Judge of the third.
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Error from Victoria. Action by plaintiff in error against defendant in error. Petition addressed to the Judge of the third. Judicial District; material allegations, that the defendant having recovered a judgment against the plaintiff and two others in Victoria county, for $600 and costs of suit, had caused execution to be issued and levied on three tracts of land in said county belonging to plaintiff of the value of $10,000, each one of which tracts would bring more than enough, at public sale, to satisfy the execution, that the levy was oppressive, and that if said lands should be sold, &c.…
1Opinion of the CourtWheeler, J.
There is in the ¡petition no averment that it was known to the plaintiff in execution, or to the Sheriff, that the defendant in execution (now plaintiff,) whose residence is alleged in another county, had an agent, or personal property in the county, on which the execution might have been levied. The Sheriff was not required to call upon the defendant to exercise his privilege of pointing out property, unless he was within the county; nor to apply to his agent unless it was *437known to him that the defendant had an agent there duly authorized for that purpose. An excessive levy upon real…
2Cases cited1 opinion
- Payne v. LoudonCourt of Appeals of Kentucky · 1809
3Cited by25 opinions
- Smith v. FerrellTexas Commission of Appeals · 1932
- Frink v. RoeCalifornia Supreme Court · 1886
- Bryorly v. ClarkTexas Supreme Court · 1877
- Moore v. MooreCourt of Appeals of Texas · 1924
- St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927
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