Allen v. Pierson
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. H. D. Prendergast, special judge. Suit by Edmond Pierson to recover two hundred acres of land and to vacate an execution sale made March 4, 1879, by virtue of an execution issued from justice court precinct Ho. 1, Falls county, on a judgment recovered by appellant against him on the 10th of December, 1877, for $89.16 and costs.
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Appeal from Falls. Tried below before the Hon. H. D. Prendergast, special judge. Suit by Edmond Pierson to recover two hundred acres of land and to vacate an execution sale made March 4, 1879, by virtue of an execution issued from justice court precinct Ho. 1, Falls county, on a judgment recovered by appellant against him on the 10th of December, 1877, for $89.16 and costs. The execution on which the sale occurred was issued the 4th of February, 1879, for $51.10, a balance of the judgment. At the sale Allen became the purchaser for $61. The causes on which the plaintiff relied for setting…
1Opinion of the Court
Watts, J. Com. App.
It seems to be settled by the weight of authority that mere inadequacy of price, unattended by fraud or irregularities conducing to the same, will not authorize the annulling of a sheriff’s sale. True, in Taul v. Wright, 45 Tex., 394, it is said, “though it may be impossible to determine the precise limit at which mere inadequacy of price alone will authorize the setting aside a judicial sale, still it cannot be denied that there may be cases in which the price paid is so utterly insignificant and shockingly disproportionate to the value of the property that a court of…
2Cases cited6 opinions
- Pearson v. FlanaganTexas Supreme Court · 1879
- Chamblee v. TarboxTexas Supreme Court · 1863
- Allen v. StephanusTexas Supreme Court · 1857
- T. V. Board v. Texas & Pacific R. W. Co.Texas Supreme Court · 1876
- Patrick v. RoachTexas Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Sparkman v. McWhirterCourt of Appeals of Texas · 1953
- Charter National Bank-Houston v. StevensCourt of Appeals of Texas · 1989
- State Mortgage Corp. v. LudwigTexas Supreme Court · 1932
- Pentad Joint Venture v. First National Bank of La GrangeCourt of Appeals of Texas · 1990
- Harrison v. SharpeCourt of Appeals of Texas · 1919
28 more not listed; retrieve them via the Exa API.