Texas Land & Immigration Co. v. Masterson

WILLIAMS, Associate Justice.

Appellant sued to set aside a sale of land and a deed made by a constable of Brazoria County under an order of sale issued upon a judgment foreclosing a lien on the land, which writ was addressed to “The Sheriff or any Constable of Brazoria County,” and which the sheriff was not in any way disqualified from executing. The sale was attacked on the sole ground that a constable was not authorized, under the laws of this State, to execute such process. A demurrer was sustained to the petition and the cause was dismissed.

Delivered November 21, 1895.

The only question…