Borden v. McRae
Texas Supreme Court
Appeal from Walker. Tried below before the Hon. James B. Burnett. C. J. Borden sued Frank Tillman, in the District Court of Brazoria county. Service was had by publication, but at the ¡November Term, 1869, of that court, Tillman appeared by attorney, and on ¡November 10,1869, judgment was rendered for plaintiff, for $1,056.76 and costs of suit.
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Appeal from Walker. Tried below before the Hon. James B. Burnett. C. J. Borden sued Frank Tillman, in the District Court of Brazoria county. Service was had by publication, but at the ¡November Term, 1869, of that court, Tillman appeared by attorney, and on ¡November 10,1869, judgment was rendered for plaintiff, for $1,056.76 and costs of suit. On this judgment, ¡November 19, 1869, execution was issued to the sheriff of Brazoria county, and was by him returned “ not satisfied.” December 7,1869, an alias execution issued to the sheriff of Walker county, which, on December 13, 1869, was levied…
1Opinion of the Court
Moore, Associate Justice.
That a venditioni exponas is a writ of execution, and confers upon the officer to whom it is directed authority to sell land upon which the writ of fieri facias has been levied, cannot now be regarded as an open question in this court. (Lockridge v. Baldwin, 20 Tex., 303; Young v. Smith, 23 Tex., 598, and cases cited.) Bor is it perceived that the fact that the land upon which the fieri facias is levied is situated in a different county from that where the judgment is rendered detracts from the authority of the court to issue the writ, or in any way invalidates the…
2Cases cited2 opinions
- Young v. SmithTexas Supreme Court · 1859
- Lockridge v. BaldwinTexas Supreme Court · 1857
3Cited by13 opinions
- McKamey v. ThorpTexas Supreme Court · 1884
- Senter & Co. v. LambethTexas Supreme Court · 1888
- Hale v. HollonCourt of Appeals of Texas · 1897
- Hicks v. PogueCourt of Appeals of Texas · 1903
- Thomson v. ShackelfordCourt of Appeals of Texas · 1894
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