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. Page: 697
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The Act of February 2, 1558, which provides for dispensing with
the use of scrawls and seals, was intended to embrace every instrument
in the execution of which scrawls or seals had been before that time
used. Clayton v. Mooring, 182.
1. Under the Constitution (Article V., Section 21), where a sheriff is
interested, process must be executed by a constable ; and no such officer
can exist as a "special sheriff" appointed by the court to execute all
necessary process which may issue in a case: but such defect must be
taken in limine, by motion to quash citation and service. McClane v.
2. If the sheriff, after notice of assignment of a judgment, voluntarily
ignores the rights of the assignee and appropriates the money to other
parties who have executions in his hands against the plaintiff, he does
so at the peril of having to account to the assignee. Id.
3. That the sheriff has returned such executions against the plaintiff
in execution satisfied, in no way affects the rights of tlhe assignee of such
1. While the hire of the wife's separate property is community prop.
erty, yet the creditor of the husband, in a suit against him by the wife
for her separate property, cannot offset his debt against the use and
hire of her property while in his possession. Carr v. Tucker, 330.
2. An executrix cannot set off damages for harassment and attorney's
fees paid against a claim prosecuted against the estate she represents.
House v. Collins, 486.
The Sheriff's agency in making sale of land. 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. Yarborough v. Wood, 91.
1. Tender of purchase money, making improvements by vendee (it
not appearing that vendee expended beyond rents received by him), and
possession, do not constitute such part performance of a parol agreement
for sale of land as will justify a decree of specific performance of
such parol agreement to sell. Ann Berta Lodge v. Leaverton, 18.
2. See discussion of principles governing specific execution of parol
contracts for sale of land. Id.
STATUTE OF FRAUDS.
SPECIFIC PERFORMANCE, 1.
1. A negro sold and delivered in consideration of land by parol, pos
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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., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/705/: accessed June 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .