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31 Tex. 646

Walker v. Anderson

Texas Supreme Court

Decided January 15, 1869

Texas Supreme Court · decided 1869-01-15

The case was tried before Hon. Wesley Ogden, one of the'district judges. The judgment in favor of Mitchell v. Bass was rendered 25th October, 1866; alias execution issued 21st of May, 1868; the original execution had been levied upon eleven hundred and seven acres of land 5th March, 1868; land sold for $51. The judgments of Jones were obtained 13th April, 1866; but they were levied upon other lands, and not upon the eleven hundred and seven acres.

Decided 1869-01-15

Caldwell, J.

¶1—Appellee filed a motion in the district court to compel the sheriff, who is the appellant in this court, to pay over on a senior judgment the money collected by virtue of an execution issued on a junior judgment.

¶2The act of the 14th February, 1860, which authorized this motion, was repealed by an act approved 9th November, 1866. It follows that the first execution coming to the hand of the sheriff shall be levied, and the money arising upon a sale under said levy shall go to the discharge of such execution. This is the rightful reward of diligence. A prior judgment creditor could still subject the land to the satisfaction of his judgment if the lien had not been lost. Judgment reversed, and

¶3Motion dismissed.

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