Sampson v. Wyett

Citations

• 49 Tex. 627

Syllabus

<p>1. Execution — Dormant judgment.—Execution must be issued within twelve months after the rendition of the judgment,, or it will be dormant.</p> <p>2. Statute construed—Judgment, when dormant.—The act of November 9, 1866, entitled “An act to prevent judgments from becoming dormant, and to create and preserve judgment liens,” applied to the dormancy that previously resulted from the failure of the plaintiff, after issuance of execution within the year from the rendition of the judgment, to cause executions to issue from term to term, or at least from year to year, as previously required, and not that which results from the failure, to issue execution within the year from the date of the judgment.</p> <p>3. Cases approved.—Black v. Epperson, 40 Tex., 163; Jordan v. Corley, 42 Tex.. 286; and Ayers v. Waul, 44 Tex., 549, approved.</p> <p>4. Case OVERRULED.—Scogiu v. Perry, 32 Tex., 21.</p> <p>5. Injunction—Sale pendente lite.—That a plaintiff in an injunction suit, seeking to enjoin the sale under execution of lands, has permitted the lands to he sold pending the litigation, will not affect the right of the plaintiff in the execution sought to be enjoined.</p>