Baird v. Trice

Citations

• 51 Tex. 555

Syllabus

<p>1. Judgment—Beldase.—When error has been committed in the inferior court by the rendition of a judgment in personam, and the, appellee releases his recovery pro tanto by written release filed in this court, such error is no cause for reversal, but the judgment in that regard will be reformed, if there he other issues involved, with reference to which appellee is entitled to an affirmance.</p> <p>2. Homestead—Lien—Attachment.—After an attachment lien is fixed on land, no such homestead rights can be subsequently acquired as will defeat the prior lien of the attachment.</p> <p>3. Case overruled.—Stone v. Darnell, 20 Tex., 11,—which, in effect, decides that a purchaser of land at sheriff’s sale, under valid judgment, acquires no title, as against the judgment debtor, who claimed and occupied the land as a home, for the first time, after the levy of execution and before the sheriff’s sale,—overruled.</p> <p>4. Sale—Execution.—Asale under execution relates back lo the date of the levy, and will override rights which are subsequently acquired. To tliis rule, homestead rights subsequently acquired form no exception.</p>