David Ayres v. L. W. Duprey

Summary

The Texas Supreme Court reversed and remanded the judgment of the trial court, holding that the trial court erred in instructing the jury that a sheriff's sale was a nullity unless the land was appraised on the day of sale. The Court affirmed that a sheriff's return and appraisement are primary evidence and that irregularities in the execution do not automatically void the purchaser's title, but may be avoided only by proper equitable relief. The Court also clarified the limits on impeachment evidence and affirmed the discretion of the trial court regarding continuances.