Taul v. Wright
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. E. H. Taylor. ■ W. B. Wright brought suit against A. J. and J. W. Taul and E. W. Mebane to set aside a sheriff’s sale of certain lands sold as Wright’s under an execution in favor of Mebane and against Wright and others, and to vacate the judgment. The petition contained a history of the proceedings in the suit, substantially, that Mebane had instituted suit on a promissory note executed by said W. B. Wright, T. Gr.
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Appeal from Lamar. Tried below before the Hon. E. H. Taylor. ■ W. B. Wright brought suit against A. J. and J. W. Taul and E. W. Mebane to set aside a sheriff’s sale of certain lands sold as Wright’s under an execution in favor of Mebane and against Wright and others, and to vacate the judgment. The petition contained a history of the proceedings in the suit, substantially, that Mebane had instituted suit on a promissory note executed by said W. B. Wright, T. Gr. Wright, Henly S. Bennett, and Wm. H. Johnson; that there was no service of citation upon petitioner or on Bennett, and that they…
1Opinion of the Court
Moore, Associate Justice.
The errors assigned for reversal of this judgment are:
1. Overruling appellants’ motion for a new trial.
2. Overruling their motion in arrest of judgment.
The grounds upon which the judgment was sought to be arrested are entitled to no serious consideration. Evidently the motion was properly overruled. The petition charges that the judgment, under which appellants claim by an execution sale, was absolutely void; and if not void, that it was erroneous and so manifestly irregular, and the price at which the land was sold by the sheriff was so grossly disproportionate to…
2Cases cited1 opinion
- Allen v. StephanusTexas Supreme Court · 1857
3Cited by19 opinions
- Charter National Bank-Houston v. StevensCourt of Appeals of Texas · 1989
- Johnson v. CrawlTexas Supreme Court · 1881
- Gregg v. First. Nat. Bank In BrownsvilleTexas Commission of Appeals · 1930
- Morrow v. De VittCourt of Appeals of Texas · 1942
- House v. RobertsonTexas Supreme Court · 1896
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