Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1863-04-01
nv csCi

tain Cases, Regulating properly Ecf'
led UpGn BY Execution or Sale | der
Deeds Of Trust or Mortgage. 10 BTng
Nine-TcEths or lis Appraised Value.
SEC. /. BE- It enacted bY lie Legislature Of
the State of TerdS: That in all suits now
pending, or hereafter to be brought, in any
OF the courts Of this State for the collection
of money, the defendant shall be allowed 10
rlead and prove on the trial Of the s'mc,
tha. he had rendered 10 plaintiff or cwncr
or person in possession of tie claims sued
on or their agent, in bonds or notes Of the
Confederate States, or in State bonds o. tais
State, the sum due on the same, and that
the person to whom the tender was made
had failed or refused to receive the same,
i'm full satisfaction Of the debt sued on. and
upOn proof of the tender and refusal, the
court il satisfied there is any amount Cue
shall render n judgement for the amount
really due and shall further order that no
property shall be sold under any execution
that may issue on said judgement, unless it
shall bring ninc-tcnths of its appraised val
u. as lerrin ai';cr directed.
SEC. 2. On all executions issued upon
judgements rendered rs provided in the
preceding scc;ioH of this act the defendant
! shall have the right to point out the prop
erty to lie levied upon and shall have q
reasonable time for that purpose. after
called upon by tho officer for n ley, and
after the Sheriff or other officer shall have
mad, levy under an execution as afore-
said the defendant in execution shall Sc
I. ct one man, the Sheriff or officer nal i z
the levy au other, and they two n third, tC
act as appraisers who shall be sworn by
the Sheriff or officer making the levy, whC
shall make their appraisement in writing
two nj least of whom shall sign the same
which shall be delivered to the officer ma
king the levy and, the property SO levied
upon and appraised, sha on the day CT
sale bring ninc-tenths of its appraised val
ne or there shall be no sale, and if there be
no sale, the property shall be restored te
the defendant in execution.
SEC. 8. Not more than OF execution shall
issue in each year after the issuance of the
first execution, upon judgements. rendered
az provided in The first section of this act
upon each, of which like proceedings 81 nj
in ali respects be had as is provided in thV
second section of this act, but in no cas-,
shall properly be sold unless it shall bring
nine-tenths of its appraised value.
SEC. 4. That in all cases where judg
ments have heretofore becn rendered FOL
money in any of the C-irts of this Stat'
and the came or any part thereof remaiT
uunai,I. and the defendant in the same has
or shall tender 10 the plaintiff in such julg
ment, his agent or attorney the full amoun
of principal and interest due on the sam,
in bonds or Treasury notes of the Confed
crate States, or bonds of this State, and tn
tlaintiff in such Judgment his agent or at
torney has. or shall refuse TO receive ih'
snmein fill satisfaction Of sach judgment
tie defendant in sneh Judgment. shall hav'
light to fle his petition il the CoLr
there such ement was rendered, se'i'ns
forth tie facts aad cause the plaintiff il