Johnson v. Crawl

Citations

• 55 Tex. 571
• 1881 Tex. LEXIS 154

Syllabus

<p>1. Sheriff’s sale, when set aside.—A judgment creditor who, by-reason of the unusual hour at which an execution sale is made and • the inclemency of the weather, is prevented without laches on his part from being present to protect his interest as a bidder against an insolvent judgment debtor, whereby, and because of few bidders being present, the property sold for less than its value and less than the judgment, is entitled in equity to have the sale set aside.</p> <p>2. Same.— At such sale the purchaser is so far a participant in the wrong done that he cannot object to the relief afforded by equity to the judgment creditor.</p> <p>3. Same.— If the absence of the judgment creditor was the result of his own negligence, he would be without remedy.</p> <p>4. Same.— See charge of court in statement of case held to be correct.</p> <p>5. Assignment of errors,—Attention again called to the necessity of observing rule 26 in preparing assignments of error.</p> <p>6. Bill of exceptions.—When a bill of exceptions is taken to the exclusion of evidence, the bill of exceptions as well as the brief of counsel, who claims that the ruling was erroneous, should both show the objection made and sustained.</p>