Stone v. Day

Citations

• 69 Tex. 13
• 5 S.W. 642
• 1887 Tex. LEXIS 764

Syllabus

<p>1. Fraud — Execution Sale. — An execution sale of property which has been levied on by the sheriff in violation of law, the levy being thus illegally made under the persuasion of one who became the purchaser thereof at such sale, for a grossly inadequate price, may, as to such purchaser, be avoided by the judgment debtor.</p> <p>3. Evidence. — When the issue is whether one who was the apparent purchaser of property, but who was alleged to have been insolvent, really purchased it, or permitted his name to be used as a purchaser to aid the fraudulent designs of the real purchaser, any testimony directly tending to show that such apparent purchaser did not have enough money or property of his own to effect the purchase, is admissible. In this connection it can be shown what were his business employment and habits, as to being frugal or prodigal, but evidence that he frequented saloons and houses of ill fame is too remote, and should be excluded, as tending to improperly prejudice the jury.</p> <p>8. Pleading. — Every reasonable intendment will be indulged in favor of a petition or answer when the exceptions thereto, though special in form, are general in substance, and fail to point out specific defects in the pleading excepted to.</p> <p>4. ¡Necessary Party. — When, in a suit to set aside an execution sale on account of the fraud of the purchaser, there are no equities to adjust between the judgment creditors and the purchaser, no complaint being made as to the validity of the judgment and execution, the creditor is not a necessary party, and when the relief is sought against the original purchaser, through whose fraud the sale was consummated, the proceeding is not collateral in its character.</p>