Hollingsworth v. Bagley

Citations

• 35 Tex. 345

Syllabus

<p>II. A suit in the district court abated by reason of the death of the defendants, and was never revived against their representatives. No cost-bond was required of the plaintiff, but in the order abating the suit the court entered judgment against the plaintiff for the costs. Held, that the judgment was not authorized by law-, and is void. Though the plaintiff was liable to the officers of the court for the costs made by himself, their only remedy against him was by action of debt. (Ogden, J., dissenting.)</p> <p>'2. A purchaser at a sheriff’s sale under a void judgment acquires no title.</p>