Elam v. Donald

Citations

• 58 Tex. 316
• 1883 Tex. LEXIS 19

Syllabus

<p>1. Setting aside execution sale.— When process based on a judgment for the sale of land was issued on the application of an intervenor, and under it the land sold without notice to the plaintiff, who under the judgment was interested with the intervenor in the proceeds of sale, held,</p> <p>(1) When, under such circumstances, the intervenor made representations at the sale tending to prevent competition in bids, and the land sold for greatly less than its value (the sum realized being only enough to satisfy the judgment in favor of intervenor, who by its terms was entitled to priority of payment), a judgment setting aside the sale will not be disturbed.</p> <p>(2) In the absence of fraud in the purchaser, he was entitled to have refunded him the amount paid by him on his bid.</p> <p>(3) See the opinion for facts which did not justify a refusal to refund the money paid by the purchaser at the sale thus set aside.</p>