Weems v. Sheriff of Brazoria County

Citations

• 48 Tex. 481

Syllabus

<p>1. Practice—Pleading.—A motion against a sheriff, without mentioning his name, and designating him only as “ the sheriff of Brazoria county,” having for its object- the correction of irregular proceedings under a judgment, by the sheriff of that county, cannot be entertained as an original proceeding, there being no proper party defendant.</p> <p>2. Parties—Appeal bond.—In a motion filed as an original proceeding against one who, as sheriff, is alleged to have improperly sold land, under a judgment in favor of the party making the motion, and which seeks to correct the sheriff’s deed, so that it shall convey a larger estate, the defendant in the original suit is a necessary party; and he is also a necessary party in the appeal bond, when the maker of the motion appeals from a judgment overruling the motion.</p>