Huff v. Matula

SMITH, Justice.

This appeal is from a judgment rendered in favor of H. N. Matula against R. O. Huff, as administrator de bonis non of the estate of A. Y. Baker, deceased. It was alleged that Baker, as sheriff of Hidalgo county, had failed to execute or make due return of an order of sale issued upon a judgment rendered in the county court of Karnes county and directed to the sheriff of Hidalgo county. The action was in the form of a motion filed in the original suit, upon the authority of articles 3825 and 3826, R. S. 1925, as follows:

Article 3825: “Should an officer fail or refuse to levy…