UM & M. CREDIT CORPORATION v. Doss

BATEMAN, Justice.

Pursuant to Vernon’s Ann.Civ.St., Art. 3825, the appellant sought by motion to recover from Clifton Clyde Rachel, Sheriff of Bowie County, Texas, and the surety on his official bond, the full amount of its judgment against Jimmy Doss, alleging failure and refusal by the sheriff to levy ' an execution. Art. 3825 is as follows:

“Should an officer fail or refuse to levy upon or sell any property subject to execution, when the same might have been done, he and his sureties shall be liable to the party entitled to receive the money collected on such execution for the full amount of…