Emmons v. Williams

Citations

• 28 Tex. 776

Syllabus

<p>There is no statute of this State authorizing the real estate of a decedent to be sold under execution issued against his legal representative, and such a sale will convey no title to the purchaser. The law provides the mode of sale through the county court. (Paschal’s Dig., Arts. 1314, 1315, Notes 488 to 490.)</p> <p>It is not within the power of an administrator to confirm such a sale, so as to vest title in the purchaser, and entitle himself, as administrator, to the surplus proceeds of the sale remaining above the amount of the execution.</p> <p>A motion for the recovery of the surplus proceeds, at a void execution sale, cannot be maintained by an administrator against the sheriff who made the sale and the sureties on his bond, (Paschal’s Dig., Arts. 3777, 3781, Note 872.)</p>