Griggs v. Miller

347 S.W.2d 119 (1963).

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Nature of the Case

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Facts

Sheriff Powell levied two executions on Brookshire's (D) farm. The first execution was on December 14, 1960, to satisfy a judgment of $2,000 and the second was on January 11, 1961, to satisfy a $17,000 judgment. The Sheriff sold the farm at public sale on January 16, 1961, to Griggs (P) for $20,600. Powell did not advertise the farm for sale under the $17,000 judgment. D found out about the $17,000 judgment 30 minutes before the sale of the farm under the $2,000 judgment. The value of the farm was $50,000. On January 11, 1961, D wrote to Powell, saying that he wanted only a portion of the farm to be sold. Powell testified that he knew that D owned corporate stocks and cattle, worth at least $40,000. D failed to deliver possession and P sued for ejectment and damages. D counterclaimed to set aside the Sheriff’s sale. D contends that the Sheriff should have levied on a portion of the farm in order to satisfy the two judgments. The Sheriff levied against the entire farm. The trial court ruled for P and D was incarcerated pending appeal.