The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-03-06
synopsis of Opinions of the Comm IS.
sieners of appeals.

IA ;.4 ID D II -
was rehue'eu "s"'hs' o. N ou''lS aHS WIG
for the purchase money OF and decree Of
foreclosure upon certain lots in The town of
roCrapr, from which tba,. tool, and nor.
"'sN' A''-,' Wa "'1 fe'
tecseo III sppeai uhder arpo'e las y u, oy
giving bond tor costs and damages Pend -
ing the appeal an order of sale was issued
and the lots were sold, and purchased by
Ledbetter, the attorney of record for the
plaintiff in the judgment in a suit by Ledbet.
ter against Burns ana wife, 10 try title and
for possession of the lots. Held, That the
appeal thus taken did not operate as super.
sedess, but that it did suspend the power of
ssle under tie judgment, That the const-
tuition gives the right Of appeal, and In the
enactment Of the article under consideration
the legislature Yves providing for the mode
aud manner Of tho exercise OF that right.
The object ana purpose OF this provision
WIS TO enable the poor and unfortunate lt-
CANT the right Of appeal lrammalel with
just such restrictions ana no more, rs are
necessary in protecting the right Of Tie
judgment creditor Its spirit is that Of pro-
lection TO and fostering cure OF this class of
citizens and l,tigalts, with which the law
making power should ever be in sympSthy
It's purpose was to confer tights uud not ito.
pose burdens. The construction contonded
for would give the judgment creditor tho
option, either TO nava The sheriff to seize ana
hold with the Iron hand" OF the law, all
the property Of his debtor, or at bis within
and caprice cause tho same TO be sacrificed
81 pubic sale at any time during The pend
ency Of the appeal. Ths, instead of CON-
1ning protection and benefits upon the I'M
f9tudate, would be heaping burdens upon
the already ovsrburdened, Ind besides i'm.
posing penalties upon the exercise Of the
constitutional right OF appeal. Certainly
such was not the legislative Intent. Held,
further that the appeal taken and perfected
by Burns and wife did operate = suspension
oil the power Of sale. And that Ledbel er
got DO title to the lois by reason OF dis put-
cia:e AZ such sale.
Seojnd--After the purchase at sheriff sale
and possession of the lots were obt4ined by
Ledbetier, by virtue OF sequestlstion and Il
replevy bond, the state instituted suit against
Burns and wife for the taxes duo
on tho property for the years 1870
and ISL, joining Lsabetler for the purpose
OF foreolo.ure, judgment was rendered for
the taxes and decree of foreclosure, i. O.,
an order Of sale wss Issued and the properly
was sold by the sheriff and purchased by
Lcducll-E' va tu5 AOLl uGy UI Apfi, 1910
within three luonss from the day of sale
Burns ard wife rendered to Ledbe.tcr the
amount of purchase money paid by him at
the tax sale with twenty per cent. interest
thereon, fOr the redemption OF the property
from the tax sale, Ledbeitur refusing 10 &c.
cept; the money wss deposited With the
clerk OF the court in which this suit had lust
been brought and was then pending Held,
That the condemnation and sale vas under
and by virtue OF the set of 1873 and that the
tender by Burns aud wife Of the purchase
money agd twenty per cent. interest thereon
having been made within twelve months at.
Ter tins dsy OF sale, ipso iacto, operated 3
redemption OF the lots from the tax sale, and
dlvts.ed oil right and title of Laabet;er
acquired oy sad purchase, and Invested the
same In Burns and wife. Ledhelter was the
attorney OF record for the plaintiff in the
Daxey judgment under which he purchased
at sherlif's sae. Upon this sale and purchase
DO PAID to the sheriff the sum Of Stl00.
IDS was applied 70 the judgment and to
inst CIlent exllnguished the same.
He'd, After lengthy and critical review
OF all the decisions Of our supreme court,
Ihat whsre the judgment i.
Valiu, put execution or sale is invalid,
ana the purchaser Is not a party to
inc luoSHleh', ana 10 guilty OF no fraud in the
purchase, ana the money paid by him has
peeh hpphed 70 the judgment; that he Will be