Legal Opinion

M'Millen v. First National Bank

New Mexico Supreme Court

Decided January 10, 1914No. 1613Published

Appeal from the District Court of Bernalillo County; Herbert F. Raynolds, District Judge; Provisions for sale under Texas statute, sec. 3, art. 3729, Rev. Stats, of Texas; Pierson v. Hammond, 22 Tex. 585; Young v. Smith, 23 Tex. 598; Borden v. Tillman, 39 Tex. 262. * Which was the regular sale?' Sec. 7, art. 3729, Rev. Stat. of Texas; art. 2281, Rev. Stat. Texas; Driscoll v. Norris, 2 Tex. Civ.

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Appeal from the District Court of Bernalillo County; Herbert F. Raynolds, District Judge; Provisions for sale under Texas statute, sec. 3, art. 3729, Rev. Stats, of Texas; Pierson v. Hammond, 22 Tex. 585; Young v. Smith, 23 Tex. 598; Borden v. Tillman, 39 Tex. 262. * Which was the regular sale?' Sec. 7, art. 3729, Rev. Stat. of Texas; art. 2281, Rev. Stat. Texas; Driscoll v. Norris, 2 Tex. Civ. App. 602; 21 S. W. 629; Freeman on Executions, sec. 54; Frankfort Bank v. Marldey, 1 Dana 373. Is plaintiff estopped? 16 Cyc. 795; 16 Cyc. 799; Prudential Real Estate Co. v. Hall, 116 N. W. 40; Kennedy…

1Opinion of the Court

OPINION OP THE COURT.

BOBEBTS, C. J.

The vital question in this ease, as shown by the facts stated, i's, whether the second order of sale was void, because it did not show on its face the number of previous executions which had been issued on the judgment, as required by sub-sec. 7 of article 3729, Bevised Civil Statutes of Texas, 1911. If the execution was not void, the sale to appellant resulted in a satisfaction of the judgment, in so far as it directed the sale of the property in question, and a subsequent execution for the sale of the same real estate would be invalid.

“When satisfied, the…

2Cases cited5 opinions

  1. Morris v. HastingsTexas Supreme Court · 1888
  2. Hancock v. MetzTexas Supreme Court · 1855
  3. Graves v. HallTexas Supreme Court · 1855
  4. Driscoll v. MorrisCourt of Appeals of Texas · 1893
  5. Gunter v. ArmstrongCourt of Appeals of Texas · 1893

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