Mooney v. Producers Grain Corp.

ROBINSON, Justice.

Producers Grain Corporation filed a motion for damages against Don Mooney, Sheriff of Baylor County, and the United States Fire Insurance Company, the surety on Sheriff Mooney’s indemnity bond, for failure to levy execution when execution might have been levied on property of plaintiff’s judgment debtors Melvin and Kathlee Niell. Defendants, sheriff and surety, answered by general denial only. After a trial without a jury, the trial court found that the judgment debtors had property subject to execution within Baylor County at the time the writ of execution was in the…