The Laws of Texas, 1822-1897 Volume 1 Page: 378
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Laws and Decrees of Coahuila and Texas.
cution, the corresponding precept shall be issued, without the necessity of
a new application by the party.
ART. 120. The creditor who solicits an execution against his debtor,
shall present a petition to the judge, in which he shall set forth the
grounds of his solicitation, accompanied by the corresponding document.
ART. 121. If the document be of that character which carries with it
Aparejada Execucion, the corresponding precept shall be issued without
ART. 122. If the debtor can be found he shall be required by the executive
officer, to satisfy the demand set forth in the precept, or to designate
property on which the execution may be levied.
ART. 123. If the debtor cannot be found, or refuse to designate property,
the officer shall proceed to levy the execution, first on personal property,
and if this be not sufficient to satisfy the demand, secondly, on real
estate, and lastly, embargoing his rights and claims, if the other property
be not sufficient.
ART. 124. The property executed shall be sold at public auction, after
30 days notice to that effect having been given, by posting up written
notices in three of the most public places of the jurisdiction, specifying
the kind of property, and the day and place of sale.
ART. 125. The defendant may oppose the sale within eight days from
that on which the execution was levied, by presenting a written statement
to the judge, expressing the exception that he believes to exist in his
favor. If this exception be proved before the day of sale, the property
shall be returned; otherwise the sale shall take place agreeable to notice.
ART. 126. Either of the parties may request that the superior court
review the sentence given upon the opposition, and in that case the provisions
of the law concerning this appeal in the trial Civil Plenario, shall
be observed. The determination of the judge in the case mentioned in
the preceding article shall, notwithstanding be carried into effect.
ART. 127. Before the day of sale, the property executed shall be appraised
by two persons acquainted with the value of such property, each
party choosing one: If the debtor refuse to use this privilege, the judge
shall appoint the appraiser and shall also appoint a third, to decide in
case of a division.
ART. 128. On the day of sale the property shall be cried, and sold to
the highest bidder, but at a price not less than two-thirds of its appraised
value, and the judge shall give to the purchaser a bill of judicial sale.
ART. 129. In case there should be no bidders, or two thirds of the appraised
value be not offered, the creditor may receive the property, in payment
of his debt, with the deduction mentioned, and the judge shall give
him the corresponding instrument in writing.
ART. 130. Any other creditor may oppose the payment, on account
of being preferred to the plaintiff; and where there are three or more
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5872/m1/386/: accessed April 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .