Laughter v. Seela
Texas Supreme Court
Appeal from Jackson. Tried below before the Hon. Wm. H.. Burkhart. The agreed statement of facts is too lengthy for insertion. The suit was' brought by Jonathan Seela to recover land in trespass to> try title. The defendant set up title under a sheriff’s sale and deed. The plaintiff claimed as heir of Jonathan Yess, and his title xvas admitted to be good unless defendants acquired title under a .judgment in a proceeding in partition, execution and sheriff’s deed.
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Appeal from Jackson. Tried below before the Hon. Wm. H.. Burkhart. The agreed statement of facts is too lengthy for insertion. The suit was' brought by Jonathan Seela to recover land in trespass to> try title. The defendant set up title under a sheriff’s sale and deed. The plaintiff claimed as heir of Jonathan Yess, and his title xvas admitted to be good unless defendants acquired title under a .judgment in a proceeding in partition, execution and sheriff’s deed. He shoxved a decree of the Jonathan Yess league of land of date-June 29, 1863, made by the couihy court having jurisdiction,…
1Opinion of the Court
West, Associate Justice.—
The court below held that the sheriff’s deed conveying the minor’s land was a nullity, and the correctness of this actidn is the sole matter before us. Questions in this connection have been discussed, as to the validity of the execution by virtue of which the sale was made.
It has been claimed that an execution sued out in 1867 could not lawfully issue, based on a judgment such as the one in evidence, rendered in 1863. Cases have been cited to show that the judgment had become dormant, and that its lien was lost by the failure to issue execution in twelve months from…
2Cases cited30 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Ayres v. DupreyTexas Supreme Court · 1864
- Harrington v. SmithWisconsin Supreme Court · 1871
- Carroll v. CarrollTexas Supreme Court · 1858
- Cain v. StateTexas Supreme Court · 1857
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3Cited by20 opinions
- Simmons v. ArnimTexas Supreme Court · 1920
- Noa Spears and Wife v. City of San AntonioTexas Supreme Court · 1920
- Hanson v. EichstaedtWisconsin Supreme Court · 1887
- Ex Parte FlakeCourt of Criminal Appeals of Texas · 1911
- Southern Pacific Co. v. SoreyTexas Supreme Court · 1911
15 more not listed; retrieve them via the Exa API.