Legal Opinion

Atcheson v. Hutchison

Texas Supreme Court

Decided July 1, 1879PublishedCited by 7 opinions

Appeal from Grimes. Tried below before the Hon. James B. Burnett. The facts are fully stated in the opinion.

1Opinion of the Court

Gould, Associate Justice.

D. D. Atcheson brought this suit to set aside an execution sale of sundry tracts of land to Hutchison and the other defendants and to cancel the deeds made to them by the sheriff. The grounds on which the sale was attacked were: 1st. That the execution was controlled by Hutchison and the other purchasers, and was issued in violation of a binding agreement. 2d. That the levy was made in disregard of his right to point out property, and in disregard of the statute regulating the order in which property of different kinds is to be levied on. 3d. That the levy was…

2Cases cited2 opinions

  1. Cook v. de la GarzaTexas Supreme Court · 1855
  2. Kendrick v. RiceTexas Supreme Court · 1856

3Cited by7 opinions

  1. McCartney v. FrostCourt of Appeals of Maryland · 1978
  2. Byrnes v. MorrisTexas Supreme Court · 1880
  3. Cannon v. HewittIdaho Supreme Court · 1912
  4. Mara v. BranchCourt of Appeals of Texas · 1911
  5. Bordages v. HigginsCourt of Appeals of Texas · 1892

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