Barnett v. Vincent

Citations

• 69 Tex. 685
• 7 S.W. 525
• 1888 Tex. LEXIS 920

Syllabus

<p>1. Equity — Purchaser at Execution Sale. — A purchaser at execution sale, who, being the owner of the judgment under which land is sold, credits his bid on the execution, takes the land charged with all the equities to which it is subject. Though the judgment debtor was the apparent owner when the debt was contracted and the judgment was rendered, such purchaser would acquire no title by his purchase as against a claimant in possession who had paid purchase money and made valuable improvements under a parol contract. The beneficiary in the trust had in this case taken possession, made improvements, had been in possession for ten years, and was in possession when the land was sold under execution, and when the credit for the debt on which the judgment was rendered was extended.</p>