Harris, Norton & Co. v. Ellis

Citations

• 30 Tex. 4

Syllabus

<p>A receipt of a sheriff for the amount of an execution which has been in his hands, and had been levied on property for which a delivery bond had been given and forfeited, was without authority, and does not'satisfy the judgment. (Paschal’s Dig., Arts. 3777-3779, Notes 869, 870.)</p> <p>The sheriff becomes the agent of the plaintiff to receive payment of a judgment so soon as an operative execution is placed in his hands, and his power continues while the execution remains in force; no longer. (Paschal’s Dig., Art. 3775, Note 867.)</p> <p>After the return day of any execution which has not been levied, the power of the sheriff to collect under it ceases.</p> <p>When an execution has been levied and a delivery bond given, and the same returned arid forfeited, the sheriff can only re-acquire the power to levy by the issuance of a new execution. (Paschal’s Dig., Art. 3779, Note 870.)</p> <p>As, without an execution, after the return day, the sheriff had no authority to seize the property not delivered, or to make a new levy, he had no right to receive payment of the execution. (Paschal’s Dig., Art. 3773, Note 866.)</p> <p>When a sheriff has an execution in his hands, he has no right to receive payment in a draft on a third person, but only money; and the payment in a draft would be no discharge of an execution in his hands. (Paschal’s Dig., Art. 3781, Note 872.)</p> <p>Where a jury had been waived, and the court below had tried an injunction cause, and perpetuated the injunction, this court, upon the facts, reversed the decree and dismissed the bill.</p>