Owen v. City of Navasota

Citations

• 44 Tex. 517

Syllabus

<p>1. Execution sale.—A purchaser at execution sale who looks to the record and finds there a valid subsisting judgment authorizing the execution under which the officer proceeds, and who in good faith buys, pays the purchase-money and receives a deed, takes a title which is valid until the sale is set aside.</p> <p>2. Same—How set aside.—A sale made under execution in violation of the order of plaintiff, and in which property has been sacrificed, may be set aside by motion in the court from which the execution issued, with notice to the purchaser, or by appealing to the equitable } jurisdiction of the court, setting up grounds for equitable relief, offering to repay the purchase-money, and to do equity.</p> <p>3. Stay of judgment.—A sale made by a deputy sheriff under an execution issued upon a judgment, which by agreement of parties had been stayed, and notice of stay given to the sheriff, but not communicated to the deputy making the sale, and the purchaser being ignorant of the agreement, is not void, though it may be avoided as above.</p>