Johnson v. Caldwell
Texas Supreme Court
Appeal from Fannin. Tried below before the Hon. W. H. Andrews. The evidence in this case shows that the sale was made by the sheriff, after the term to which the execution was returnable, but under a levy made before the term. HA writ of venditioni exponas was applied for.
1Opinion of the Court
Walker. J.
This is an action of trespass to try title. The plaintiffs claim under a sheriff’s deed made in pursuance of a sale which it is claimed was irregular and void.
The sheriff levied on the property, but suffered the execution to become dead in his hands before making a sale. A term of the District Court having intervened, the sher*219iff proceeded to sell without an execution, or venditioni exponas.
In Towns v. Harris et al., 13 Texas, 507, it was held that a sale of real property made in this State after the return day of the execution, was void.
So far as any title to the purchaser is…
2Cases cited1 opinion
- Towns v. HarrisTexas Supreme Court · 1855
3Cited by2 opinions
- Tanner v. GrishamTexas Commission of Appeals · 1927
- Jarrett v. RossCourt of Appeals of Texas · 1939