Atchison v. Owen

Citations

• 58 Tex. 610
• 1883 Tex. LEXIS 74

Syllabus

<p>1. Evidence — Trespass to try title.— Under the former statute, which allowed a second suit in trespass to try title, when the plaintiff was defeated in his first action, he was permitted to offer the same evidence on the trial of the second suit, and this was allowed in a second suit brought to set aside a sheriff’s sale, which is in effect but a suit in trespass to try title.</p> <p>2. Sheriee’s sale — Inadequacy op consideration.— While mere inadequacy of consideration will not of itself authorize the annulment of a sheriff’s sale, yet when the price paid is grossly inadequate, the sale will be closely scrutinized, and slight additional circumstances will suffice to set it aside.</p>