Young v. Smith
Texas Supreme Court
Appeal from Harrison. Tried below before D. S. Jennings, Esq., as special judge, selected by agreement of the parties. The land in controversy was levied upon, by the sheriff, in August, 1858, and advertised for sale on the first Tuesday in September, 1858, but the execution, by virtue of which the levy was made, being returnable to the Fall Term, 1858, of the District Court of Harrison county, which commenced its session on the day before the said sale day, the sheriff…
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Appeal from Harrison. Tried below before D. S. Jennings, Esq., as special judge, selected by agreement of the parties. The land in controversy was levied upon, by the sheriff, in August, 1858, and advertised for sale on the first Tuesday in September, 1858, but the execution, by virtue of which the levy was made, being returnable to the Fall Term, 1858, of the District Court of Harrison county, which commenced its session on the day before the said sale day, the sheriff returned the execution, with proper endorsements thereon, showing what had been done; whereupon, a venditioni exponas was…
1Opinion of the CourtWheeler, C. J.
It appears, that the sheriff had levied on and advertised the land for sale, by virtue of an execution, regularly issued on a valid judgment. But the return day of the execution intervening before the day of sale, he made due return of the execution, and a venditioni exponas was subsequently issued, by authority of which he proceeded to sell, pursuant to the levy, advertisement, and command of the writ; and the only question presented for decision by this appeal, is, whether the venditioni exponas was competent authority to the officer to proceed to make the sale.
The decision of this court,…
2Cases cited4 opinions
- Towns v. HarrisTexas Supreme Court · 1855
- Lockridge v. BaldwinTexas Supreme Court · 1857
- Irvin v. PicketCourt of Appeals of Kentucky · 1814
- Curd v. HarmanCourt of Appeals of Kentucky · 1824
3Cited by15 opinions
- Moore v. ShieldsIndiana Supreme Court · 1889
- Mitchell v. IrelandTexas Supreme Court · 1881
- Lemothe v. Cimbalista by GatesCourt of Appeals of Texas · 1951
- Borden v. McRaeTexas Supreme Court · 1877
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