Grove v. Harris

Citations

• 35 Tex. 320

Syllabus

<p>1. Execution was placed in a sheriff’s hands, with instructions to levy on property of the defendants and make the money. Defendants were merchants, and had a stock of goods which they were openly engaged in selling. The sheriff failed to make a levy or collect the money, and the plaintiff in the execution sued him and his sureties for his failure to levy and return the execution. In defense to the action it was alleged and proved that there was an unrecorded and secret deed of trust upon the goods, to secure other creditors in a sum greater than their value, and that they were subsequently disposed of, and their proceeds applied to this debt. No notice of this unrecorded trust deed was fixed upon the plaintiff, nor does it appear that the sheriff was apprised of it until after the return day of the execution. Held, that these facts constituted no defense.</p> <p>2. A levy made in gross upon a stock of goods is a good levy ; the officer can make the invoice subsequently.</p>