Cash Investments, Inc. v. Clint Independent School District

I respectfully dissent. I would sustain the lower court’s judgment that the sheriffs sale was void and no title passed to Cash Investments, as the sheriff did not comply with either the judgment of foreclosure or the order of sale in accepting Cash Investments’ bid. See State v. Rhodes, 327 S.W.2d 701 (Tex.Civ.App.—Dallas 1959, no writ). The majority’s holding means, effectively, that a taxing unit may not rely upon the plain language of a judgment and order to govern the terms of a sheriffs sale.

A valid judgment, execution and sale are required to pass title to property at an execution sale.…