Ayers v. Waul

Citations

• 44 Tex. 549

Syllabus

<p>1. Mistake in entry of judgment.—A mistake in the entry of an order approving a claim against an estate, whereby such claim is ranked as of the third instead of the fifth class, will not vitiate the order where the recitals correct the mistake.</p> <p>2. Judgment lien.—A judgment lien is not affected by a stay of execution issued in favor of creditors whose claims accrued subsequent to the judgment and issuance of execution.</p> <p>3. Same.—Such lien is preserved by the issuance of execution within twelve months after the rendition of the judgment.</p> <p>4. Same.—Claims against an estate.—The lien springs from the judgment by operation of law, and the allowance and approval of the judgment against the estate carries with the approval the enforcement of the judgment lien existing by law in its favor.</p> <p>5. Approval of judgment, effect of.—The approval of a judgment attaches its lien upon all lands in the county where rendered without further description of the lands.</p>