Wood v. Yarbrough
Texas Supreme Court
Error from Smith. Tried below before the Hon. Z. Norton. November 2, 1861, George Yarbrough instituted suit by attachment against Hugh Yarbrough, a nou-resident. The attachment was levied on a tract of land on November 2, 1861, and on same day the sheriff levied on same tract two executions issuing from a justice’s court.
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Error from Smith. Tried below before the Hon. Z. Norton. November 2, 1861, George Yarbrough instituted suit by attachment against Hugh Yarbrough, a nou-resident. The attachment was levied on a tract of land on November 2, 1861, and on same day the sheriff levied on same tract two executions issuing from a justice’s court. Under these executions the sheriff made sale of the land on December 4, 1861, at which sale M. Wood was the purchaser, at $1,963. On that day Wood executed an obligation to the plaintiff in attachment, G-oorge Yarbrough, to pay to his order the balance of said sum, (bid by…
1Opinion of the Court
Moore, Associate Justice.
The writ of error in this case is certainly without precedent, and has not the slightest foundation either on principle or authority for its support.
Wood, at whose instance the writ of error was issued and in whose name it is prosecuted, was not a party to or the representative of either of the parties to the suit which he seeks to bring to this court by the writ. And so far as can be seen from the transcript of the record returned with the writ, he has no interest therein or privity with the parties thereto. It was decided by this court, as long ago as the case of…
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