Earle v. Thomas
Texas Supreme Court
Appeal from San Augustine. Trial of the right of property-in a slave, taken in execution on a judgment in favor of Thomas against White, and claimed by Earle. The judgment was rendered in the District Court of Sabine county, on the 6th of September, 1844. September 19th, execution issued to Sheriff of San Augustine. It did not appear from said execution, that another had been issued, nor that any showing had been made, that the defendant had no property in Sabine.
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Appeal from San Augustine. Trial of the right of property-in a slave, taken in execution on a judgment in favor of Thomas against White, and claimed by Earle. The judgment was rendered in the District Court of Sabine county, on the 6th of September, 1844. September 19th, execution issued to Sheriff of San Augustine. It did not appear from said execution, that another had been issued, nor that any showing had been made, that the defendant had no property in Sabine. It purported to be under the hand of the Clerk and the seal of his office, and was returned by order of plaintiff, February 25th,…
1Opinion of the CourtWheeler, J.
The appellant has no cause to complain of the ruling of the Court, upon the question of the right of the claimant, to impeach the validity of the execution sent to San Augustine County. The law under which the execution issued, does not provide in what manner the facts shall be made to appear, which will authorize the sending of the execution out of the county; nor does it declare that the execution shall be void, if such facts did not exist. The question of the validity of executions, thus sent to another county, has been repeatedly before the Supreme Court of Kentucky. And in the case of…
2Cited by31 opinions
- Taylor v. CatalonTexas Supreme Court · 1942
- Danks v. RodeheaverWest Virginia Supreme Court · 1885
- de Garca v. GalvanTexas Supreme Court · 1881
- Hatchett v. ConnerTexas Supreme Court · 1867
- Green v. HallTexas Commission of Appeals · 1921
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