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: 510
viii, 704 p. ; 22 cm.View a full description of this book.
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610 LEDBETTER V. BURNS. [Term of
Opinion of the Court.
" the decision of the Supreme Court shall be against said appel"
lants, then," etc.
This bond was filed and approved by the clerk on June 3,
1873, and, it is claimed by defendants, operated to suspend the
execution of the decree by the sale of property. The plaintiffs
in that case, however, on the 6th of June sued out an order of
sale, under which the lots in controversy in this case were, on
July 1, sold and bought by Ledbetter, attorney for Doxey's
administrators in the original suit, plaintiff in this case.
Whether this was a valid sale, whether an appeal perfected under
the section of the District Court Act referred to in the
bond (Paschal's Digest, Article 1443), operated to prevent the
execution of the judgment and decree appealed from by sale of
property, and whether the bond given by defendants in the
original case is to be regarded as a compliance with Article
1493, Paschal's Digest, are the questions affecting Ledbetter's
title.
An ordinary appeal bond is in double the amount of the judgment,
and secures the performance of the decree of the Supreme
Court. (Paschal's Digest, Article 1491.) When the judgment
is for the recovery of lands, it is made to operate a lien thereon;
and, in that case, the appeal bond is only for costs and damages
of appeal. (Paschal's Digest, Article 1492.) In both
cases, the appeal being perfected, further proceedings to enforce
the judgment are-suspended. The next section allows a party
who is unable to give the appeal bond required, to perfect his
appeal by giving security for no more than costs and damages
of appeal, and proceeds: " But, in that case, the judgment of
" the court below shall operate as a lien upon all the property
" of the appellant, and the sheriff shall take possession of his
" personal property, and keep possession of the same or so
much thereof as will be sufficient to satisfy the judgment of
the appellate court during the pendency of the appeal," unless
the appellant executes a forthcoming bond.
We think that the object of this section was to suspend the
enforcement of the judgment appealed from, allowing, how
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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.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/518/: accessed May 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .