Lockridge v. Baldwin
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. The bidder complied with the terms of the second sale before the return day of the execution, and the sale was completed.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. The bidder complied with the terms of the second sale before the return day of the execution, and the sale was completed. The plaintiff claimed the twenty per cent, damages on the amount of said second bid also, on the ground that defendant did not immediately comply with the terms of the sale; but the Court (the case not being considered a jury case by the Judge, and the parties agreeing to waive a jury) refused to allow the damages on the second sale. The second sale was held on the 3d of February, 1857; the Sheriff indorsed…
1Opinion of the CourtRoberts, J.
This is a motion in the District Court, against a bidder at a Sheriff’s sales of land under a writ of venditioni exponas, to recover seventy-five dollars, being twenty per cent, on the amount of his two bids, on account of his having failed to comply with the terms of the sales according to his bids.
The Court rendered a judgment for forty-seven dollars, that being twenty per cent, on the amount of the first bid. It will be unnecessary to consider the questions arising on the second.
Lockridge, the defendant, objected to this motion, 1st. That the District Court had no jurisdiction, the amount…
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