Burns v. Ledbetter

Citations

• 56 Tex. 282
• 1882 Tex. LEXIS 30

Syllabus

<p>1. Commission of appeals, adjudications of.— Questions decided by the commission of appeals- in arriving at their award, in cases referred to them by agreement, are as conclusively settled, for the purpose of further proceedings in that case, as they would be by the adjudication of the case by this court.</p> <p>2. Former decision—Law of the case.— It seems that in this state there is no inflexible rule making such former decision necessarily the law of the case.</p> <p>3. Void sale—Appeal — Return of the purchase money.—Where an appeal is taken under article 1493, Pasch. Dig., by the provisions of which execution may issue and property he seized, but no sale . can be made pending the appeal, if nevertheless the officer sells, the purchaser at this void sale is entitled to be refunded the purchase money, the same having been applied to the satisfaction of the judgment.</p> <p>4. Same—Judgment plaintiff’s attorney. — The above proposition holds true although the purchaser was the attorney of the judgment plaintiff, and procured the issuance of the execution.</p> <p>5. Same — Caveat emptor not applicable.— In this case the execution conferring no authority to sell, and for that reason, there being no valid sale, the maxim caveat emptor does not apply.</p> <p>6. Subrogation of plaintiff — Legal interest.—The plaintiff in the present action, though subrogated to the judgment lien, and though the judgment bore ten per cent, interest, was entitled to only the legal rate of interest on the purchase money paid out by him.</p>