55 Tex. 405 | Tex. | 1881
By reference to the report of this case when formerly before this court (48 Tex., 291), it will be seen that it was a suit instituted July 19, 1875, by Norton against Edwards, to enforce specific performance of a parol sale of a town lot, and to recover rents collected by Edwards. -On the application of plaintiff, the premises were placed in charge of a receiver, with instructions to rent the same and collect the rents. After the reversal of the former judgment in favor of Norton, Elmer & Breen intervened, alleging a purchase and deed from Edwards on September 9, 1875; that Edwards was insolvent, and claiming that the rents be paid over to them. They also alleged a purchase on July 2, 1878, at a sale under execution for costs against Norton, issued
It is suggested by appellee that Norton’s interest was a mere equity, not subject to forced sale, and the case of Henricks v. Snediker is referred to in support of the proposition. 30 Tex., 296. In that case it is said: “If uncertain interests of this sort are the subject of sale under execution, evidently they must be made at ruinous sacrifices to debtors, and without effecting the purpose of the law in satisfying the claims of creditors. ” We are inclined to the opinion that this objection to the sale is also well taken.
For a like reason they cannot complain because the court, after having, at their motion, suppressed the depositions of Edwards taken at his own instance, because of informality in the indorsement, allowed plaintiff, after proving the handwriting of Edwards, to read his answers to those depositions, as admissions by him. The objection is, that the admissions of Edwards, made after he had parted with all interest in the subject matter of the suit, were not evidence against them. But Edwards was still a party defendant, and his answers to interrogatories irregularly taken, like any other admission of his, were good evidence against him. Lacoste v. Bexar Co., 28 Tex., 422; 1 Greenleaf on Ev., sec. 552. As the answers were admissible against Edwards, and as the intervenors stood in his shoes, their rights being wholly dependent on his, no injury to them could result.
The charge of the court embraced substantially so much of the charges asked as we think should have been
The judgment is affirmed.
Affirmed.
[Opinion delivered October 14, 1881.]