Cook v. Love

Citations

• 33 Tex. 487

Syllabus

<p>1. In January, 1858, F. attached real estate for debt, and on the first of April, 1858, recovered in the suit a judgment inpersonam, but no judgment or order of condemnation or sale of the land. On the seventeenth of March, however, pending the suit, his debtor, who owned the land, conveyed it to him by deed. But, on the thirteenth of March, four days before F.’s deed, 0., another creditor of the owner, recovered a judgment against him in the county where the land lay, and caused execution to issue thereon, under a levy ol which he bought the land, and now brings suit for it against F. and his tenant. Held, that F.‘s attachment, having never been prosecuted to judgment, can avail him nothing; and his deed, being subsequent to the rendition and lien of C.’s judgment, cannot hold the land against'the latter's title acquired under the judgment.</p> <p>S. A jury having been waived in the court below, and the cause having been fried on an agreed statement of facts, this court, reversing the judgment below', does cot remand the case, but proceeds to render such judgment for the plaintiffs as should have been rendered by the court below.</p>