1875.] YARBOROUGH V. WOOD. 91
Opinion of the court.
meanors by information, was to effect the' more certain
and efficient administration of the law, by the more speedy
trials which can be had in this way than when the prosecution
is commenced by an indictment. No such advantage,
however, could result from this mode of proceeding, if the
objection made to the information in this case is valid.
The judgment is reversed and the cause remanded.
REVERSED AND REMANDED.
HUGH YARBOROUGH V. MATTHEW WOOD.
1. SHERIFF'S AGENCY IN MAKING SALE OF LAND.-Slch 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.
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
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.
APPEAL from Smith. Tried below before the Hon. Z.
John L. Henry and Stephen Reaves, for appellant.
Herndon & lRobinson, for appellee.
GOULD, ASSOCIATE JUSTICE.-This suit was brought by
appellant, Hugh Yarborough, on the following instrument
executed by appellee, Matthew Wood.
Agreement between Matthew Wood and George Yar.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed November 28, 2014.