Graves v. Hall
Texas Supreme Court
Appeal from Brazoria. Action by the appellant against the appellee, commenced on the 25th day of October, 1854, on a judgment of the District Court of Brazoria county, which was rendered on the 27th day of March, 1843. The petition alleged “ that the first execution upon said judgment was is- “ sued on the 11th of April, 1843; that the second execution “ was issued afterwards, to wit: on the 12th of October, 1843; “ and that afterwards, to wit: on the 2nd of April, 1844, an-…
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Appeal from Brazoria. Action by the appellant against the appellee, commenced on the 25th day of October, 1854, on a judgment of the District Court of Brazoria county, which was rendered on the 27th day of March, 1843. The petition alleged “ that the first execution upon said judgment was is- “ sued on the 11th of April, 1843; that the second execution “ was issued afterwards, to wit: on the 12th of October, 1843; “ and that afterwards, to wit: on the 2nd of April, 1844, an- “ other execution was issued ; and that executions were again “ issued on the 24th of September, 1844, and on the 6th…
1Opinion of the CourtWheeler, J.
The judgment on which this suit was brought, was rendered more than ten years before the institution of the suit. But an execution was taken out within the year, and others regularly from Term to Term of the Court, until within less than ten years next before the bringing of the suit. So that the last act of legal diligence was within time to prevent the bar of the statute or of the lapse of time, upon the principle of the case of Fessenden v. Barrett. (9 Tex. R. *382475.) But the executions subsequent to the first did not purport to be an alias, a pluries, &c., and on that ground the Court…
2Cited by8 opinions
- Benson v. Greenville Nat. Exchange BankCourt of Appeals of Texas · 1952
- Collins v. HinesTexas Supreme Court · 1907
- Riddle v. BushTexas Supreme Court · 1864
- R. B. Spencer & Co. v. HarrisCourt of Appeals of Texas · 1943
- Russell v. McCampbellTexas Supreme Court · 1867
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