Niell v. Mooney

DICKENSON, Justice.

Producers Grain Corporation secured a judgment against Melvin and Kathlee Niell. Don Mooney, Sheriff of Baylor County, failed to levy upon the Niells’ property, and Producers filed a motion under Article 3825, Tex.Rev.Civ.Stat.Ann. (1966), to make him pay the judgment. Producers’ motion was granted; judgment was entered against Mooney; and that judgment was affirmed. Mooney v. Producers Grain Corporation, 531 S.W.2d 699 (Tex.Civ.App.—Amarillo 1975, no writ). Mooney then paid the full amount of that judgment, and he sued Melvin and Kathlee Niell under the theory of…