Bradshaw v. House

Citations

• 43 Tex. 143

Syllabus

<p>1. Priority of lien.—A purchaser of land at a sale, under an order of court enforcing against the property of an estate the lien reserved by law in favor of a creditor, takes title as against a purchaser of such property at a sheriff’s sale, under a personal judgment against a distributee and in favor of a creditor who might have enforced his lien against such property, but did not do so.</p> <p>2. Same.—Quere1 Whether the purchaser at such sheriff sale under execution may not be subrogated to the rights of the judgment creditor, and still subject the proceeds of the sale to his debt, as against the creditor first enforcing his lien upon the property.</p>