Cornelius v. Burford
Texas Supreme Court
Appeal from Dallas. The case was tried, before John J. Q-ood, Esq., special judge, chosen by the parties because Eat. M. Burford, the presiding judge, was a party. Trespass to try title, instituted by the appellee on the 4th of June, 1860, to recover from the appellant one hundred acres of land in Dallas county. The plaintiff derived his title by purchase of the land at constable’s sale. The land was levied upon as the property of J. B. Hudson, defendant in execution.
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Appeal from Dallas. The case was tried, before John J. Q-ood, Esq., special judge, chosen by the parties because Eat. M. Burford, the presiding judge, was a party. Trespass to try title, instituted by the appellee on the 4th of June, 1860, to recover from the appellant one hundred acres of land in Dallas county. The plaintiff derived his title by purchase of the land at constable’s sale. The land was levied upon as the property of J. B. Hudson, defendant in execution. It was admitted that the judgment and execution, being for some $52, were valid. The defendant plead “ not guilty,” and…
1Opinion of the CourtCoke, J.
—The refusal of the court to give the instructions asked by appellant on the trial below is assigned as error. Hpon the first instruction, the question arises as to the effect of the levy made by virtue of the execution issued on the 23d day of September, 1858.
It has been repeatedly held, and may be considered well settled, that a levy upon sufficient personal property to satisfy the execution is a satisfaction of the debt, if taken from the possession of the defendant in execution. The *207creditor, after such a levy, must look to the officer making it for his money; for, so far as the debtor is…
2Cases cited5 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Tiernan v. WilsonNew York Court of Chancery · 1822
- Ex parte LawrenceNew York Supreme Court · 1825
- Hoyt v. HudsonNew York Supreme Court · 1815
- White v. GravesTexas Supreme Court · 1855
3Cited by11 opinions
- Clements v. Texas Co.Court of Appeals of Texas · 1925
- Cravens v. WilsonTexas Supreme Court · 1877
- Allen v. AshburnCourt of Appeals of Texas · 1901
- Mixon v. StanleySupreme Court of Georgia · 1897
- Dewitt v. Oppenheimer & Co.Texas Supreme Court · 1879
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