The Laws of Texas, 1822-1897 Volume 2 Page: 1,700
1 volume (multiple pagings); 25 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
394
Laws of the State of Texas.
same shall be paid to the defendant; and if the proceeds
of such sale shall be insufficient to pay such judgment
and costs, the balance shall be paid in due course of administration;
but no execution shall issue thereon.
Where the suit is for the foreclosure of a mortgage on
real estate or negroes, the heirs interested in the mortgaged
property shall be made parties to the suit by due
notice served, and the subsequent proceedings shall conform
to the rules prescribed as above, in cases of specific
liens on personal property.
Sec. 119. All judgments or decrees for the enforcement
of specific liens on the foreclosure of mortgages,
against persons other than executors or administrators,
shall be that the plaintiff recover his debt,'damages and
costs, and that an order of sale shall issue to the sheriff
of the county where the property subject to such lien or
mortgage can be found, directing him to sell the same,
if found, as under execution; and if the proceeds of such
sale be insufficient to pay the judgment and costs, or if
the property cannot be found, further execution may be
issued for such balance, or for the debt, against such
defendant, as the case may be.
Sec. 120. In all cases where the district or supreme
courts shall decree a conveyance of real estate, or the
delivery of movable property or effects, they may, by
decree, pass the title of such property without any act
to be done on the part of the defendant, when it shall
be proper.
Sec. 121. On all motidns the court may give or refuse
cost, at their discretion, unless where it is otherwise provided
by law.
Sec. 122. In all cases of law, (except motions) where
judgment shall be given for defendant, or appellee, he
shall recover his costs against the plaintiff or appellant,
and have execution for the same; and in all such cases,
where judgment shall be given for the plaintiff or appellant,
if not otherwise provided by law, he shall recover
his costs against the defendant or appellee, and have execution
for the same.
Sec. 123. When any plea in abatement shall,
upon argument in any court of law, be adjudged(1700)
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/1704/: accessed May 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .