Calvert v. Roche

Citations

• 59 Tex. 463
• 1883 Tex. LEXIS 199

Syllabus

<p>1. Judgment lien — Trusts.— A judgment lien takes precedence of rights claimed-under an unrecorded deed from the judgment debtor, without notice; but where, though the legal title is in the judgment creditor, he holds the same under air unrecorded trust for another, the purchaser at execution sale, having notice of the trust before purchase, acquires no title.</p> <p>2. Same —Notice.— If, however, the trust is discharged by a conveyance of the legal title to the cestui que trust by deed, which has not been recorded, where a moneyed judgment in favor of another is rendered against the trustee, the land is subject to the lien of the judgment, in the absence of notice before the lien attaches. Actual possession, accompanied with acts of ownership by the former cestui que trust prior to the rendition of the judgment, is notice of the title under which he claims.</p>