Legal Opinion

Ryburn v. Getzendaner

Texas Commission of Appeals

Decided May 31, 1880No. Case No. 3449PublishedCited by 2 opinions

Appeal from Ellis. Tried below before the Hon. Hat. M. Burford. This was an injunction proceeding instituted by the appellee to enjoin the appellant, as sheriff, from selling a certain tract of land under an execution in favor of L. S. Boss and others, which was issued and levied on said land to satisfy a -judgment in favor of the plaintiffs in execution, against one Thomas Wardlow.

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Appeal from Ellis. Tried below before the Hon. Hat. M. Burford. This was an injunction proceeding instituted by the appellee to enjoin the appellant, as sheriff, from selling a certain tract of land under an execution in favor of L. S. Boss and others, which was issued and levied on said land to satisfy a -judgment in favor of the plaintiffs in execution, against one Thomas Wardlow. The petition showed that said land had but recently before'the filing of said plaintiffs’ petition been levied on and sold at sheriff’s sale under execution issued on the same judgment, at which sale petitioner…

1Opinion of the CourtWalker, P. J.

The petition in this case shows upon its face that the defendant is but a formal party, having no interest in the subject-matter of the litigation, and that the plaintiffs in the judgment and execution are the parties in actual interest. “The execution creditor is a proper and necessary party to a.bill to stay proceedings upon an execution, instead of the officer.” Hilliard on Injunctions, sec. 139; Bean v. Blanton, 3 Ired. Ch., 59.

The officer is usually made a party defendant in injunction suits, although he has no interest. It is not necessary to determine whether or not he is an…

2Cases cited3 opinions

  1. Denison v. LeagueTexas Supreme Court · 1856
  2. Smith v. PowerTexas Supreme Court · 1847
  3. Henderson v. MorrillTexas Supreme Court · 1854

3Cited by2 opinions

  1. McCanless v. GrayCourt of Appeals of Texas · 1912
  2. Cattlemen's Trust Co. v. CantrellCourt of Appeals of Texas · 1917

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