Johnson v. Crawl
Texas Supreme Court
Appeal from Kaufman. Tried below before the Hon. Green J. Clark. Amongst other charges given, the jury were told that if they should believe from the evidence that the sheriff had been notified by the plaintiff in this execution, or his attorney of record, that he would be present at the time of the sale, and that he desired to bid on the land, and that the sheriff believed, or had reason to believe, that Johnson, the bidder, was present to represent the plaintiff or to bid…
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Appeal from Kaufman. Tried below before the Hon. Green J. Clark. Amongst other charges given, the jury were told that if they should believe from the evidence that the sheriff had been notified by the plaintiff in this execution, or his attorney of record, that he would be present at the time of the sale, and that he desired to bid on the land, and that the sheriff believed, or had reason to believe, that Johnson, the bidder, was present to represent the plaintiff or to bid for him, and that the sale was made at an unusually early hour on a very cold and inclement day, while but few bidders…
1Opinion of the Court
Gould, Chief Justice.
Crawl, the owner of a judgment against Padon, under which judgment certain land had been sold and bought by Johnson, brought this suit against Johnson and Padon to have the sale set aside, alleging, amongst other grounds, the gross inadequacy of the price; that the sale was made at an unusual hour and on a very cold and inclement day, by reason of which facts but few bidders were present, and plaintiff himself •was prevented from reaching the place of sale in time and from bidding for the land the amount of the judgment. That amount, including costs, was $1,370. The land…
2Cases cited8 opinions
- Whitehead v. FoleyTexas Supreme Court · 1858
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Payne v. BenhamTexas Supreme Court · 1856
- King v. . PlattNew York Court of Appeals · 1867
- Taul v. WrightTexas Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Progressive Lumber Co. v. Marshall & East Texas Railway Co.Texas Supreme Court · 1913
- Joseph Davis, Cory & Co. v. Chicago Dock Co.Illinois Supreme Court · 1889
- Gillette v. DavisCourt of Appeals of Texas · 1929
- Texas Pacific Coal Company v. LawsonCourt of Appeals of Texas · 1895
- Carlton v. ConkriteCourt of Appeals of Texas · 1923
26 more not listed; retrieve them via the Exa API.