Hughes v. Duncan
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Geo. H. Aldredge. This suit was brought October 4, 1877, by appellant Hughes against II. M. Moore, sheriff of Dallas county, and S. W. S. Duncan, to restrain the sheriff from making a deed to Dnncan for a piece of land which Duncan had bid off at a foreclosure sale made by the sheriff, and from receiving from him the amount of his bid.
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Appeal from Dallas. Tried below before the Hon. Geo. H. Aldredge. This suit was brought October 4, 1877, by appellant Hughes against II. M. Moore, sheriff of Dallas county, and S. W. S. Duncan, to restrain the sheriff from making a deed to Dnncan for a piece of land which Duncan had bid off at a foreclosure sale made by the sheriff, and from receiving from him the amount of his bid. The petition set forth, inter alia, that in June, 1877, plaintiff had recovered against F. E. Guedry and his wife, Y. Guedry, a judgment for $666.89, and for foreclosure of vendor’s lien upon the land in question;…
1Opinion of the Court
Delany, J. Com. App.
This suit was brought, not exactly to rescind a sale, but rather to prevent its consummation. A sheriff’s sale is not complete until the purchase money is paid. Hp to that time the bidder may recede from his bid, being, however, liable to a penalty, and the sheriff may readvertise and sell the property. Pasch. Dig., art. 3786; R. S., art. 2321.
The defendant in this case, then, in pressing his claim to the property, occupies, to a limited extent at least, the position of a party seeking the specific performance of a contract. The rule is almost universally accepted that…
2Cases cited6 opinions
- Chamblee v. TarboxTexas Supreme Court · 1863
- Allen v. StephanusTexas Supreme Court · 1857
- Johnson v. CrawlTexas Supreme Court · 1881
- Taul v. WrightTexas Supreme Court · 1876
- President of the Ontario Bank v. LansingNew York Supreme Court · 1829
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3Cited by2 opinions
- Haunson v. NelmsSupreme Court of Georgia · 1900
- Lee v. Texas & New Orleans RailroadCourt of Appeals of Texas · 1900