Cameron v. Saathoff
| Decision Date | 12 December 1962 |
| Docket Number | No. 14039,14039 |
| Citation | 363 S.W.2d 884 |
| Parties | James A. CAMERON, Sr., et ux., Appellants, v. Rolf SAATHOFF, Appellee. |
| Court | Texas Court of Appeals |
Wm. H. Shireman, Corpus Christi, for appellants.
Frank X. Vance, Hondo, for appellee.
This is an appeal by plaintiffs from an adverse judgment of the 38th Judicial District Court of Medina County, Texas, in a trespass to try title suit involving about 528.3 acres of land on Medina County. This is the second appeal of this case. On the first appeal this Court affirmed the order of the trial court refusing to issue a temporary injunction to restrain defendant and the county sheriff from dispossessing plaintiffs. See, Cameron v. Saathoff, Tex.Civ.App., 342 S.W.2d 470. The Supreme Court granted writ of error and held that the temporary injunction was moot, and declined to pass upon the points decided by this Court, Tex., 345 S.W.2d 281.
The plaintiffs then amended their petition to bring a straight trespass to try title suit, with a prayer for damages for the rental value of said premises. Defendant answered with a plea of 'Not Guilty'. The case was tried before the court and there were no findings of fact or conclusions of law filed. Plaintiffs make the same contention now as they did in the prior appeal, to-wit, that the purported judicial sale of the land by the sheriff was void for the reason that the defendant did not actually pay his bid until after the order of sale had become functus officio. We are now confronted with an additional proposition in that a straight trespass to try title suit is a collateral attack upon the sheriff's sale. Graves v. Griffin, Tex.Com.App., 228 S.W. 913.
The parties stipulated that the common source of title was W. H. Paysinger, Ann H. Paysinger, Louise L. Paysinger and C. C. Paysinger. Plaintiffs then introduced the following documents in evidence: (1) Certified copy of deed dated June 23, 1955, from common source to plaintiffs, which deed contained a vendor's lien in the principal sum of $30,000.00; (2) Certified copy of judgment in Cause No. 5090, styled W. H. Paysinger et al. v. James A. Cameron, Sr. which judgment ordered a foreclosure on the land in question; (3) Certified copy of the order of sale issued by the district clerk on October 28, 1959, by virtue of the judgment in Cause No. 5090, which required a return within ninety days; (4) Certified copy of the sheriff's deed to defendant as the high bidder in the judicial sale. Evidence was then introduced similar to that set forth in our first opinion, and therefore not fully set forth here. It is sufficient to state that the evidence shows that, following the acceptance of his high bid by the sheriff, Saathoff offered to pay the...
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...to a collateral rather than a direct attack. See Moore v. Snowball, 98 Tex. 16, 81 S.W. 5 (1904); Cameron v. Saathaff, 363 S.W.2d 884 (Tex.Civ.App.--San Antonio 1962, writ ref'd n.r.e.). 24 Tex.Jur.2d Executions § 131. However, when Woods, the original judgment debtor, intervened and Woods ......
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