The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 54

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 54

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...4, 1873, recited the payment of the consideration, and no vendor's lien was retained therein, and that A. D. Allbright immediately went into and continued in possession of the lands. The notes sued on recite that they were given for the two tracts respectively, and were acknowledged by A. D. Allbright and recorded in Houston county March 7, 1878. J. R. Burnett, for appellant. Earle Adams, for appellee. I. It was shown upon this trial, that as against A. D. Allbright a vendor's lien existed long before the suit against Allbright by appellants was instituted. _ That is, that Allbright had bought the land in controversy, and given his notes for same; that first notes were barred, and that Allbright had given new notes in lieu of the old ones, and had revived the lien on the land by the terms of the renewed notes themselves. Blankenship v. Douglass, 26 Tex., 228; Frazier v. Thatcher, 49 Tex., 30. II. Purchasers at sheriff's sales, when they are judgment creditors, and place the amount of their bid upon the execution, are not purchasers in good faith, and are not protected by the laws governing a purchase in good faith. HI. The appellants were judgment creditors of A. D. Allbright, and ordered an execution on their judgment. At the sheriffs sale, appellants became the purchasers and placed the amount of their bid as a credit on the execution. Orme v. Roberts, 33 Tex., 773; Ayres v. Duprey, 27 Tex., 593. Bornma, ASSOCIATE J usrrcn.---The sheriff's deed to defendants Arledge and Woodson vested in them the legal title to the land which plaintiff Hail sought to subject to his alleged vendor's lien.. The testimony shows conclusively that at the date of the rendition of the judgment in favor of Arledge and more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • United States
  • English
  • black & white illustrations
  • 1236827627
  • 9781236827623