Steffens v. Jackson
| Decision Date | 08 May 1897 |
| Citation | 41 S.W. 520 |
| Parties | STEFFENS et al. v. JACKSON. |
| Court | Texas Court of Appeals |
Appeal from district court, Taylor county; T. H. Conner, Judge.
Suit by I. N. Jackson against O. W. Steffens and others. From a judgment for plaintiff, defendants appeal. Affirmed.
D. G. Hill and J. M. Wagstaff, for appellants.
This suit was brought by Jackson to set aside a sheriff's sale of a 40-acre tract of land lying in the suburbs of the city of Abilene, which at the time of the sale (September 6, 1894) was worth $1,000. It sold for $10.25, and was bought in by O. W. Steffens, who was president of the First National Bank of Abilene, plaintiff in the execution. Steffens, a few days after he bought it, conveyed the land to Radford, a director in the bank, who executed to him his negotiable promissory note for $75 for the land. The note is long past due, and is still held by Steffens, because, as he testified, he did not know how this suit would go, and he had given Radford a general warranty deed for the land. There was a mortgage on record against the land and some other tracts, but Steffens and one Massie had given a bond to Hadley, who bought this tract from Massie, to secure it from sale under the mortgage; and this bond was transferred by Hadley to Jackson along with the conveyance to the land, which was a general warranty deed. Jackson's title was good and clear, except as to the mortgage, and the above bond secured him from loss on account of that. The execution was issued and levied on the land at Abilene, in Taylor county, on Saturday, January 13, 1894. Jackson resided at Baird, in Callahan county. The sheriff's sale was advertised in a little weekly paper published by Neeley at Abilene on every Saturday, known as the "Abilene Weekly Gossip." Neeley says of it that "it was a two-sheet three-column paper, of about 9×12 inches in size, and its circulation was about 250 to 300, confined mostly to Abilene." It did not circulate in Baird. There were four newspapers published at Abilene, but they had all been issued for that week, so that the Gossip was the only paper in which the advertisement could be made for 20 days before the first Tuesday in February, the day on which the sale had to be made, if made in February. The sheriff discussed the matter of inserting the advertisement in this paper with the attorney for the plaintiff in the execution, who was also attorney for Steffens, and they decided to so insert it. It had published only one notice of sheriff's sale prior to this one. Jackson did not know of this levy on his land until about 1 o'clock p. m. of the day of sale, and at once telegraphed the sheriff not to sell, and had his bank at Baird arrange with a bank at Abilene to pay off the execution in full; and on that afternoon the full amount of the judgment, interest, and costs was tendered to the sheriff ($525), and was refused. He had then made the sale, and Steffens had paid him the $10.25, but he had not acknowledged or delivered the deed. Steffens' money paid the sheriff was tendered to him in plaintiff's petition, and the balance of the judgment, interest, and costs was on that afternoon paid to the bank, the plaintiff in the judgment. The day...
To continue reading
Request your trial
-
Moore v. Miller
...to pay off the indebtedness, equity will set aside the sale. Martin v. Anderson, 4 Tex. Civ. App. 111, 23 S. W. 290; Steffens v. Jackson, 16 Tex. Civ. App. 280, 41 S. W. 520. The tenth and thirteenth assignments of error assail the form in which the issues were submitted; the contention bei......
-
Collum v. DeLoughter, 8337
...1938), aff'd, 140 S.W.2d 164 (Tex.1940); Moore v. Miller, 155 S.W. 573 (Tex.Civ.App. San Antonio 1913, writ ref'd); Steffens v. Jackson, 16 Tex.Civ.App. 28,41 S.W. 520 (1897, writ ref'd); Martin v. Anderson, 4 Tex.Civ.App. 111, 23 S . W. 290 (1893, no writ). There was certainly such an inad......
-
Rio Delta Land Co. v. Johnson
...inadequate purchase price, the irregularity becomes material, giving rise to a cause of action to set aside the sale. Steffens v. Jackson, 16 Tex.Civ.App. 28, 41 S.W. 520 (1897, err. ref'd); Allen v. Stephanes, 18 Tex. 658; Nance v. Currey, 257 S.W.2d 847 (Tex.Civ.App.--Dallas 1953). The pu......
-
Pantaze v. Slocum, 17566
...847 (Dallas Civ.App. 1953, no writ hist.); Cox v. Wheeler, 150 S.W.2d 159 (Texarkana Civ.App., 1941, no writ hist.); Steffens v. Jackson, 16 Tex.Civ.App. 28, 41 S.W. 520 (1897, writ ref.), and Graham v. Cansler, 191 S.W. 856 (Beaumont Civ.App., 1916, no writ Pantaze contends that the eviden......