Miller v. Alexander
Texas Supreme Court
Error from Colorado. Action of trespass to try title, by the plaintiff in error against the defendants in error. Both parties claimed under Ira R. Lewis. The plaintiff introduced in evidence the docket title of a judgment in the District Court of Colorado county against said Lewis, dated September 6th, 1843, and an execution issued thereon on the 8th May, 1844, to sell without appraisement.
Read the full summary
Error from Colorado. Action of trespass to try title, by the plaintiff in error against the defendants in error. Both parties claimed under Ira R. Lewis. The plaintiff introduced in evidence the docket title of a judgment in the District Court of Colorado county against said Lewis, dated September 6th, 1843, and an execution issued thereon on the 8th May, 1844, to sell without appraisement. He then offered in connection, the Sheriff’s return, the Sheriff’s deed, and a letter from Ira R. Lewis. The return indorsed on the execution was as follows: Received the 10th day of May, 1844. Meritt…
1Opinion of the CourtWheeler, J.
There can be no question that the Sheriff’s *503deed, though incomplete, (wanting a seal,) and the return upon the execution, evidenced a sale of the land under the execution, and a purchase by the plaintiff. But the former and a part of the entry of the levy were excluded on account of the apparent repugnancy in the entry of the levy. And the question is whether they were rightly excluded. The first entry of ■the levy upon the execution showed a levy upon the NorthWest corner of the league. But the entry immediately below, evidently made afterwards, stated that it was the North-East corner that…
2Cases cited2 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- Eastman v. CurtisSupreme Court of Vermont · 1832
3Cited by16 opinions
- Wilson v. SmithTexas Supreme Court · 1878
- New York and Texas Land Co. v. HylandCourt of Appeals of Texas · 1894
- Herndon v. ReedTexas Supreme Court · 1891
- Bowser & Lemmon v. ColeTexas Supreme Court · 1889
- Davis v. RankinTexas Supreme Court · 1878
11 more not listed; retrieve them via the Exa API.