Illies v. Fitzgerald
Texas Supreme Court
Appeal from Harris. The bond of indemnity, upon the validity of which this case turned, was given to the Sheriff Fitzgerald, to hold him harmless in the execution of a writ of seizure which was issued by the Chief Justice of the county, on the application of lilies, the nlortgagee, against the mortgaged property in the hands of Knight, the mortgagor, under the second Section of the Act of 1838, (Hart. Dig.
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Appeal from Harris. The bond of indemnity, upon the validity of which this case turned, was given to the Sheriff Fitzgerald, to hold him harmless in the execution of a writ of seizure which was issued by the Chief Justice of the county, on the application of lilies, the nlortgagee, against the mortgaged property in the hands of Knight, the mortgagor, under the second Section of the Act of 1838, (Hart. Dig. Art. 2504,) to provide for the foreclosing of mortgages on real and personal estates, which had been repealed by the Act of 1839, (Hart. Dig. Art. 265,) which deprived the County Courts of…
1Opinion of the CourtLipscomb, J.
The main question, and perhaps the only one, presented for our consideration, is the validity of the bond of indemnity given by the defendant. The defendant, Elies, had obtained a writ of execution from the Probate Court, directed to the Sheriff of the county of Harris, to seize the personal effects of one Knight, to satisfy the amount due from Knight, on the foreclosure of a mortgage lien upon the property to be seized. This execution was placed in the hands of Fitzgerald, at that time Sheriff of the county of Harris, to be executed. The latter not being satisfied in his own mind, that the…
2Cited by20 opinions
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- Railey v. HopkinsCourt of Appeals of Texas · 1908
- United States Fidelity & Guaranty Co. v. PaulkCourt of Appeals of Texas · 1929
- National Surety Co. v. Atascosa Ice, Water & Light Co.Court of Appeals of Texas · 1919
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