77 TEX 96 - Cleveland v. Simpson

How this case has been cited

Cited by 8 later decisions — most recently June 1969

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

HENRY, Associate Judge.

¶1This was an action of trespass to try title brought by appellant. The defendant pleaded “ not guilty." The cause was tried by the court without a jury.

¶2The conclusions of fact filed by the court show that the plaintiff deraigned his title to the premises as follows: W. D. Cleveland and C.

¶3Lombardi,. composing the firm of W. D. Cleveland & Co., recovered in the District Court of Hill County a judgment for money against Dyer & Driggs and H. L. Dyer.

¶4Execution upon the judgment was issued in the name of W. D. Cleveland alone, and levied upon the property in controversy, pursuant to which it was sold by the sheriff and deeded to plaintiff. The execution was not authorized by the judgment, and the sale and deed made under it can not be sustained. Rev. Stats., art. 2281; Battle v. Guedry, 58 Texas, 111; Criswell v. Ragsdale, 18 Texas, 443.

¶5The judgment is reversed and the cause is remanded.

¶6Reversed and remanded.

¶7Delivered April 29, 1890.