Frankel v. Byers
Texas Supreme Court
Frankel v. Byers, 71 Tex. 308 (Tex. 1888)
9 S.W. 160; 1888 Tex. LEXIS 1140
Walker
Frankel v. Byers
Opinion of the Court
As against appellant the judgment below should have followed the statute. (Rev. Stats., 1340.) The only decree of foreclosure authorized by the pleadings and the statute was subjecting the sheep to the judgment and that an order of sale issue directing the sheriff to seize the three hundred and fifty head of sheep described in the judgment and to sell them as under execution; the proceeds to be applied upon the judgment.
The judgment below will be reversed and here rendered in accordance with this opinion.
Reversed and rendered.
Opinion delivered June 29, 1888.
Reference
- Full Case Name
- E. Frankel v. J. M. Byers
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Decree of Foreclosure on Personalty.— The Revised Statutes, article 1340, prescribes the form of decree to be rendered foreclosing a mortgage without regard to whether it be personal property or realty. 2. Same.—The article 1340 provides: “Judgments for the foreclosure of mortgages and other liens shall be that the plaintiff recover his debt, damages and costs, with a foreclosure of the plaintiff’s lien on the-property subject thereto * * * and that an order of sale shall issue to the sheriff, directing him to seize and sell the same as under execution,” etc.