Cundiff v. Teague

Citations

• 46 Tex. 475

Syllabus

<p>1. Constable—Lew—Execution.—Since the act of 1846, (Paschal’s Dig., arts. 987, 993,) defining the office and duties of constable, and authorizing that officer to execute process throughout the county, a constable may levy an execution on land, which, though in the county, is not in the beat or precinct of which he is constable; and in so doing, it is not necessary for him to go on the land with his execution.</p> <p>2. Distinguished from Leland v. Wilson, 34 Tex., 94.</p> <p>3. Pleading—Bill op review.—In trespass to try title, the plaintiff claimed as purchaser at execution sale, under a judgment obtained by himself against the defendant. The defendant pleaded the want of actual notice of the proceeding under which the judgment was obtained, (which was rendered after service by publication ;) that the claim sued on was fraudulent and unjust, (specifying in'what,) and prayed that the judgment be vacated: Held, That the parties being the same in both proceedings, the averments of the answer were sufficient to support it as a bill of review; and if properly supported b3 evidence, to authorize the reopening of the judgment, and the setting aside the sale of the land.</p> <p>4. The rule in this State is, that a levy on land is not a satisfaction of the judgment, and that the possession of the debtor is not disturbed by the levy : the levy works no disseizin.</p>