Yarborough v. Wood

Citations

• 42 Tex. 91

Syllabus

<p>1. Sheriff’s agency in making sale of land.—Such agency is in behalf of the plaintiff in execution to the sum required to satisfy the judgment, and in behalf of the defendant in execution as to the residue of the money bid at such sale.</p> <p>2. Vendor’s lien will be enforced to secure the payment of the bid by a purchaser at sheriff’s sale above the satisfaction of the judgment, for the payment of which credit is given by consent of the defendant in execution.</p> <p>3. Credits on note—Bankruptcy.—The bankruptcy of the payee of a note taken by such payee for a debt due his principal will not deprive the maker from such credits as he has honestly acquired in belief that the payee of the note was the owner.</p>