Wilson v. Dearborn

• Decision Date: 20 February 1915
• Docket Number: (No. 6581.)
• Citation: 174 S.W. 296
• Parties: WILSON v. DEARBORN, Sheriff.
• Court: Texas Court of Appeals

174 S.W. 296

WILSON v. DEARBORN, Sheriff.

(No. 6581.)

Court of Civil Appeals of Texas. Dallas.

February 20, 1915.

Application for mandamus by J. B. Wilson against H. B. Dearborn, Sheriff. Application denied.

E. P. Anderson, of Waxahachie, for relator. J. L. Gammon, of Waxahachie, for respondent.

RAINEY, C. J.

On February 2, 1915, J. B. Wilson presented to this court an application for the writ of mandamus commanding H. B. Dearborn, sheriff of Ellis county, Tex., to levy two executions for costs issued by this court in causes Nos. 6018 and 6706, both entitled J. L. Holveck et al. v. George Holveck et al., decided by this court, alleging: That said executions had been placed in said sheriff's hands, with directions to levy the same on certain land, which land was pointed out by a description in writing, showing the metes and bounds thereof. That said sheriff had failed and refused to make said levy, for the reason that the records showed the title to the land to be in another than the defendants in execution, and demanded an indemnity bond.

On said February 2, 1915, this court caused an order to be issued commanding the said H. B. Dearborn, sheriff as aforesaid, to appear before this court on February 12, 1915, and show cause why he had not levied said two executions, and on said day the said Dearborn did appear in obedience to said command and made answer in part as follows:

"(1) That he is not guilty of refusing to execute either of the executions mentioned in said motion, namely, one in cause No. 6018, J. L. Holveck et al. v. George Holveck et al., the other in cause No. 6706, J. L. Holveck et al. v. George Holveck et al., or either of said executions; that said executions were delivered to him on or about the 8th day of January, 1915, by E. P. Anderson, together with description of certain property, to wit, a part of block 162, in the town of Waxahachie, Tex., and a part of block 34 in the town of Waxahachie, Tex., particularly described in Exhibit A, hereto attached, with request to levy upon the same as the property of defendants in said execution; that each of said executions, which are on file in the court, bore the following indorsement, purporting to be executed by Geo. W. Blair, clerk of the Court of Civil Appeals: `For value received, I assign the within execution to J. B. Wilson. [Signed] Geo. W. Blair, Clerk of the Ct. of Civil Appeals' — which indorsement and signature were and are in the handwriting of the said E. P. Anderson.

"(2) Your respondent made inquiry as to the ownership and possession of said property of R. G....