Atcheson v. Hutchison

Citations

• 51 Tex. 223

Syllabus

<p>1. Assignment op errors.—See an assignment of errors held to be too general, the court only examining the record because it was manifest that valuable lauds had been sold at execution sale at a grossly inadequate pricc,'with charge that the execution was illegally issued and the levy excessive.</p> <p>2. Evidence—Documents executed at same time —Stay of execution.—See several documents held to form part of the same transaction, and not together constituting evidence of a contract to stay an execution for twelve months.</p> <p>3. Bight of defendant in execution to point out property.— It was sufficient, in an issue whether defendant in execution had been deprived of the right to point out property, that the sheriff, before levying, made reasonable search for the defendant, and that the evidence showed that the defendant had reasonable opportunity of so doing.</p> <p>4. Excessive levy'.—It is the duty of the sheriff to make a proper allowance for depreciation in price as the usual effect of forced sale.</p> <p>¡5. Inadequacy of price.—Land at sheriff’s sale brought less than oue-tenth of its value, but the evidence showed that the action of the defendant in' execution tended to produce that result: Held, Insufficient ground to set aside sale, in the absence of fraud or irregularity in the issuance of the execution or in making the levy.</p> <p>6. Sheriff’s sale—Mode of sale.—While the execution law authorized and directed that sheriff’s sales of land should be made in tracts of forty acres, and the law was disregarded, it is no cause of setting aside the sale, in the absence of testimony showing that the defendant in execution demanded that sale should be made in that mode, and that by sale in that manner a greater price would have been obtained.</p>