Battle v. Guedry

Citations

• 58 Tex. 111
• 1882 Tex. LEXIS 218

Syllabus

<p>1. Execution sale — Variance.— Though ordinarily, if there be no objection to the form of a writ of execution, by motion to quash or vacate it, it will in many cases, where there is a variance between the writ and the judgment which is produced to support it, bo treated as valid, it will not be so regarded when the execution describes a different defendant from the one mentioned in the judgment produced to support it.</p> <p>2. Variance.— An execution against P. B. Clements was not supported by a judgment against J. P. Clements, and a sale under such an execution did not pass title to property owned by J; P. Clements.</p>