Daugherty v. Moon

Citations

• 59 Tex. 397
• 1883 Tex. LEXIS 181

Syllabus

<p>1. Sheriff — Judgment.— It is the duty of a sheriff who has an execution in his hands, to obey all lawful instructions of the' owner of the judgment on which it issued in making a levy and sale. When one, other than the judgment creditor, or his recognized attorney, assumes to direct him, he is not bound to obey, unless such party has the legal or equitable title to the judgment. The owner of the judgment has the right to control the execution, even as against his own attorney of record.</p> <p>2. Principad and agent — Power coupled with an interest.— An agent, whose power of attorney to collect a judgment gives him an interest, not in the judgment itself, but in its proceeds when collected, has, in legal contemplation, no such “ power coupled with an interest as will preclude the owner from revoking-the agency before the judgment is collera ed. If he so revokes it, the agency is gone, and the agent can have no cause of action against a sheriff who afterwards refuses to obey his order to sell under execution issued on the judgment.</p> <p>3. Power coupled with an interest.— 4 power coupled with an interest, as applicable to a power of attorney, exists when-the interest of the attorney is established in the subject on which the power is to be exercised; it does not exist when the “interest ” is only in that wh ch is to be produced by exercising the-power.</p>