McMahan v. Hall

Citations

• 36 Tex. 59

Syllabus

<p>1. Two executions emanating from judgments rendered against the same defendant, in other counties, came to the hands of the sheriff of H. county at different times. He levied both executions on goods of the defendant, and on sale of the goods applied part of the proceeds to the costs on the execution which first came to his hands, and the balance of the proceeds to the second execution. Held, to be a misapplication of the proceeds. They should have been applied to the full satisfaction of the first execution, before any part was applied to the second.</p> <p>2. A sheriff will not, under Section 3780, Paschal’s Digest, be charged with the ten per cent, per month damages, for applying the proceeds of goods sold under execution to the satisfaction of a wrong execution, when he does not appear to have been influenced in the transaction by corrupt or personal motives.</p>