Smothers v. Field, Thayer & Co.
Texas Supreme Court
Appeal from DeWitt. Tried below before the Hon. H. Clay Pleas-ants. December 5, 1884, Field, .Thayer & Co. recovered, in the district court of DeWitt county, a judgment against A. W. Evans for $828.17, and costs. Execution was duly issued on this judgment and returned “no property found.”
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Appeal from DeWitt. Tried below before the Hon. H. Clay Pleas-ants. December 5, 1884, Field, .Thayer & Co. recovered, in the district court of DeWitt county, a judgment against A. W. Evans for $828.17, and costs. Execution was duly issued on this judgment and returned “no property found.” On March 22, 1885, an alias execution was issued thereon, directed to the sheriff of Lavaca county, and, by plaintiffs’ attorneys, placed in the hands of that officer, A. J. Smothers, with instructions to levy the writ upon a certain tract of land in the latter county, conveyed, October 4,1884, by C. C.…
1Opinion of the Court
Willie, Chief Justice.
In order to sustain a motion against a sheriff and his sureties, under art. 2326, Revised Statutes, the plaintiff must make out a ease showing, prima facie, that the defendant in the writ, which the sheriff has failed to levy, had property subject to execution.
This prima facie case may be made by showing a state of facts which ordinarily, and without explanation, furnish satisfactory evidence of title, and do not show that the property is necessarily saved from forced sale by virtue of the exemption laws. If the plaintiffs make out such a case, it devolves upon the…
2Cited by27 opinions
- Trevino v. American Nat. Ins. Co.Texas Commission of Appeals · 1943
- W. L. Moody & Co. v. RowlandTexas Supreme Court · 1907
- Henry S. Miller Company v. EvansTexas Supreme Court · 1970
- Bobbitt v. BobbittCourt of Appeals of Texas · 1920
- San Jacinto Rice Co. v. UlrichCourt of Appeals of Texas · 1919
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