Patton & Wellborne v. Collier

HUNTER, Associate Justice.

— The sale by the constable under the order of sale in his hands was not void. It served to pass the title to the purchasers at that sale, because when he sold he had actual possession of the property and delivered it to the purchasers. If he failed to properly advertise the sale of the property as required by statute, he became liable to a penalty, and he and his sureties on his official bond were also liable for such other damages as the defendant in execution sustained by reason of such failure. Rev. Stats. (1895), art. 2379 [2319]. But his sale was not void, and…