Borden v. Fahey

HETLL, Associate Justice.

This is a proceeding by motion, as is provided for by article 2381, Bevised Statutes of 1895, to have the penalty denounced by the statute adjudged against the appellee on account of his failure to comply with his bid for certain property at execution sale. The court upon hearing the evidence refused to assess the penalty, and from its judgment the appeal is prosecuted.

Appellants A. P. Borden and Mamie P. Withers, executor and executrix of the estate of A. H. Pierce, deceased, the actors in this matter, in their representative capacity, on October 20, 1902, recovered…