20 Tex. 42 | Tex. | 1857
The object of this proceeding is to enforce, by order of venditioni exponas, an execution which had been levied upon the property of N. W. Burdett in his lifetime. The question is: What was the effect of his death before sale ? Could the execution be enforced after his death, as at Common Law ? Or must application be made to the County Court for an order to sell the property levied upon ?
This question was decided in Conkrite v. Hart & Co., 10 Tex. R. 140, with reference to the Probate Law of 1846; and if, under that law, it was held that an execution abated by the death of the defendant, and that a sale on the execution after his death was void and conveyed no title, much more clearly and positively is this the law under the statute of 1848. From the provisions, and general scope of the statute, it is very apparent that the whole of the estate of a deceased person, and all claims against it, must come under the supervision and control of the County Court.
Judgment affirmed.