Brown v. Lane
Texas Supreme Court
Error from Rusk. Tried below before the Hon. William W, Morris, Suit by plaintiff in error against defendant in error to recover the undivided interest of one of the defendants, James F. Lane, in certain slaves in possession of defendants. The plaintiff claimed by purchase at Sheriff’s sale, under an execution in favor of Andrew J. Wills against the said James F. Lane.
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Error from Rusk. Tried below before the Hon. William W, Morris, Suit by plaintiff in error against defendant in error to recover the undivided interest of one of the defendants, James F. Lane, in certain slaves in possession of defendants. The plaintiff claimed by purchase at Sheriff’s sale, under an execution in favor of Andrew J. Wills against the said James F. Lane. The levy was made upon the interest of the defendant in execution in said slaves by name, by indorsement to that effect at the Sheriff’s office, at the instance of the attorney of the plaintiff in execution, whilst the slaves…
1Opinion of the CourtRoberts, J.
Two questions are presented in this case : 1st. Can a Sheriff make a valid levy on, and sale of an undivided interest of a part owner of slaves, without the slaves being present at the time of the levy and sale, or in some way being under the control of the Sheriff ?
In accordance with the current of authorities, this Court have already determined this in the negative. (Converse & Co. v. McKee, 14 Tex. R. 20 ; Bryan et al. v. Bridge et al., 6 Tex. R. 137.)
The second question is, if Brown bid off the property at the sale, which was void, and paid the purchase money to the Sheriff in…
2Cited by10 opinions
- Levy v. RoperTexas Supreme Court · 1923
- French v. GrenetTexas Supreme Court · 1881
- Burns v. LedbetterTexas Supreme Court · 1882
- Harle v. Langdon's HeirsTexas Supreme Court · 1883
- Stephenson v. MarsalisCourt of Appeals of Texas · 1895
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