Chandler v. Newell W. Burdett's Adm'rs
Texas Supreme Court
Error from Travis. Tried below before the Hon. Thomas H. DuVal. The levy was on land in the county of Travis, and the lien of the judgment was still subsisting. Letters of administration had been issued on the estate of Newell W. Burdett, the defendant in execution; and the administrators had notice of the motion for a venditioni exponas.
1Opinion of the Court
Hemphill, Ch. J.
The object of this proceeding is to enforce, by order of venditioni exponas, an execution which had been levied upon the property of N. W. Burdett in his lifetime. The question is: What was the effect of his death before sale ? Could the execution be enforced after his death, as at Common Law ? Or must application be made to the County Court for an order to sell the property levied upon ?
This question was decided in Conkrite v. Hart & Co., 10 Tex. R. 140, with reference to the Probate Law of 1846; and if, under that law, it was held that an execution abated by the death of the…
2Cited by13 opinions
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- Lippincott v. TaylorCourt of Appeals of Texas · 1911
- Hooper v. CaruthersTexas Supreme Court · 1890
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