Conkrite v. Hart & Co.
Texas Supreme Court
Error from Colorado. Suit hy the appellees against the appellant for one half interest in certain lots and improvements thereon, in the town of La Grange; and for a sale and division of the proceeds. The plaintiff alleged that the property had belonged to John and Lyman Conla-ito, and elaimedby purchase at sheriff’s sale of John Conlu-ite’s interest.
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Error from Colorado. Suit hy the appellees against the appellant for one half interest in certain lots and improvements thereon, in the town of La Grange; and for a sale and division of the proceeds. The plaintiff alleged that the property had belonged to John and Lyman Conla-ito, and elaimedby purchase at sheriff’s sale of John Conlu-ite’s interest. The executions, by virtue of which tlie sale was made, were issued on the 17th May, 1848; John Conkrite died on the 21st of the same month; the executions were levied on the 10th July; and the sale was made on the first Tuesday in August. There…
1Opinion of the CourtLipscomb, J.
From the view we shall take of this case it will not he necessary to its final disposition that we should notice but one point presented; that is, as to the validity of the sale made under the executions, under which sale the plaintiffs in tlie district court claim title to an undivided half of the land described in their petition. If the sale was void there is an end to tlie controversy. The record before us shows that the executions were issued before tlio death of the defendant in execution, and were levied and the property sold after his death. What was the effect of his death on tlie…
2Cited by20 opinions
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