Castro v. Illies
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. These suits were brought by lilies against Henry Castro and his wife, Amalie Mathias Castro, and Angelo Causici, for the recovery of a number of lots and tracts of land, described in the petition, and claimed by the plaintiff, lilies, under purchases made at sheriff’s sales, by virtue of executions on a judgment rendered on the 25th of June, 1852, by the District Court of Bexar county, in favor of lilies…
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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. These suits were brought by lilies against Henry Castro and his wife, Amalie Mathias Castro, and Angelo Causici, for the recovery of a number of lots and tracts of land, described in the petition, and claimed by the plaintiff, lilies, under purchases made at sheriff’s sales, by virtue of executions on a judgment rendered on the 25th of June, 1852, by the District Court of Bexar county, in favor of lilies against the defendant, Henry Castro. He also averred that the defendants, Causici and Amalie Mathias Castro, claimed the lands…
1Opinion of the Court
Wheeler, Ch. J.
The objection to the plaintiff’s evidence of title, that the mortgaged lands, included in the decree of foreclosure of the 25th of June, 1852, were not exhausted by *496the order of sale issued thereon, and found insufficient to satisfy the judgment, before execution was issued and levied on other lands, is not supported by the record. On the contrary, it appears that all the mortgaged lands included in the decree, and all which, by the judgment of this court,-were subject to seizure and sale under the decree, were first sold. The judgment was not superseded, upon prosecuting the…
2Cases cited4 opinions
- Decouche v. SavetierNew York Court of Chancery · 1817
- Hall v. HarrisTexas Supreme Court · 1854
- Young v. TempletonSupreme Court of Louisiana · 1849
- Martin v. RiceTexas Supreme Court · 1856
3Cited by25 opinions
- Cox v. MillerTexas Supreme Court · 1880
- Jolly v. KyleOregon Supreme Court · 1895
- Woolfolk v. RickettsTexas Supreme Court · 1877
- Equitable Trust Co. v. RolandCourt of Appeals of Texas · 1982
- Howard v. McKenzieTexas Supreme Court · 1880
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