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· 7/1/1875

Cook v. Gatewood

Citations

  • 43 Tex. 185

Syllabus

<p>1. Sale by sheriff of mortgaged property.—Upon a sale nuclei execution of the equity of redemption, where a larger sum is bid than the amount of the judgment under which the sale is made, the purchaser at such sheriff sale upon buying in the incumbrance is not thereby entitled to the excess bid at the execution sale.</p> <p>2. Garnishment.—Such excess is subject to garnishment in proceedings against the judgment debtor.</p>

Judges: Devine

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