Anderson v. Cassaday

Citations

• 36 Tex. 652

Syllabus

<p>In 1861, V. brought suit in the District Court against W. on a note, and joined W.’s son as a co-defendant; and in 1867, in accordance with his prayer, he recovered judgment on the note and also a decree annulling a fraudulent conveyance of land made by W. to his son and co-defendant. At a sale under this decree, the land was purchased by A., the present plaintiff and appellant. While V.’s suit was pending in the District Court, another creditor recovered a money judgment against W. in a justice’s court, and under this judgment the land was sold before the rendition of V.’s judgment and decree by the District Court. Held, that the title acquired at this sale under the justice’s judgment is good as against the plaintiff. But if V.’s suit, under which plaintiff claims, had been to enforce a pre-existing title to or lien on the land, the result would be otherwise.</p>