Fuller v. Sparks
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. Francis P. Wood. Amelia J. Fuller brought suit against J. C. & T. F. Sparks, J. A. Foster and J. Shegog, for the value of three horses, alleged to have been unlawfully taken and disposed of by the defendants for their own use.
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Appeal from Navarro. Tried below before the Hon. Francis P. Wood. Amelia J. Fuller brought suit against J. C. & T. F. Sparks, J. A. Foster and J. Shegog, for the value of three horses, alleged to have been unlawfully taken and disposed of by the defendants for their own use. Sparks et al. answered that the property had been seized and sold by Foster, acting constable, under a judgment rendered before Shegog, justice of the peace, for $99.50, in favor of J. C. & T. F. Sparks, and against Mrs. Amelia J. Fuller. In replication, plaintiff (Mrs. Fuller) alleged that the said judgment in the…
1Opinion of the CourtOgden, P. J.
There is no such error in the judgment -of this case as will require a reformation of the same. The judgment obtained in the magistrate’s court was a •subsisting and binding judgment until set aside or reversed on an appeal; and the execution issued upon that judgment was a sufficient authority to the officer making the levy, provided the property levied on was liable to be seized for the satisfaction of the judgment. But an officer who levies upon property not subject to be seized for the satisfaction of the execution in his hands, whether the same be the property of a third person, or…
2Cited by2 opinions
- Burke & Aitcheson v. Adoue & LobitCourt of Appeals of Texas · 1893
- Watson v. Texas & Pacific Railway Co.Court of Appeals of Texas · 1894