Pierson v. Hammond
Texas Supreme Court
Appeal from Palls. Tried below before tbe Hon. John Gregg. The appellee sued John H. Pierson and W. M. Wright on a note, and claimed a lien on certain negroes specified. Dismissal as to Wright.
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Appeal from Palls. Tried below before tbe Hon. John Gregg. The appellee sued John H. Pierson and W. M. Wright on a note, and claimed a lien on certain negroes specified. Dismissal as to Wright. Judgment at the Pall Term of the District Court, 1856, for amount of the note against J. H. Pierson, and that the negroes be sold to satisfy the said amount, “under a valid “contract of mortgage;” and “that an order of sale issue to “the sheriff of Palls county, to sell said negro slaves to satisfy “said demand,” &c. On the 6th day of May, 1858, a writ was issued, directed to the sheriff of Palls…
1Opinion of the Court
Wheeler, Ch. J.
The appellant was not a party to the judgment of 1856, condemning the property in question to be sold; and consequently, her right, if she had any, is not concluded by it. But it is insisted that she could not assert her right under the statute, in this case, because, it is said, the pro*587cess under which the property was seized, was not an execution, within the meaning of the statute. (Hart. Dig. Art. 2814.) We think differently. The term, execution, applies to all process issued to carry into effect the final judgment of a court. Any writ, which authorizes the officer to carry…
2Cited by13 opinions
- Schultz v. Fifth Judicial District Court of Appeals at DallasTexas Supreme Court · 1991
- Rule v. RichardsCourt of Appeals of Texas · 1913
- Sedwick v. RitterIndiana Supreme Court · 1891
- Stewart v. Rockdale State BankCourt of Appeals of Texas · 1932
- White v. TaylorCourt of Appeals of Texas · 1907
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