Eastham v. Sallis

Citations

• 60 Tex. 576
• 2 Tex. L. R. 614
• 1884 Tex. LEXIS 4

Syllabus

<p>1, Probate matters — Jurisdiction.— The probate court, in classifying claims against an estate, secured by mortgage upon land, has jurisdiction to inquire and determine which of several claims secured by lien on the same land is entitled to priority of payment.</p> <p>3. Judgment nuno pro tunc. — A judgment mine pro tune cannot afiiect the lien acquired by a third party on property to which the original judgment, if properly rendered, would have attached a lien, when the lien of such third party was secured after the original judgment, and before the entry thereof nune pro tune was made.</p> <p>3. Judgment.— When a final judgment is rendered, which alone can create a judgment lien, it must be entered of record in such form as to convey notice of its existence, in order to affect the rights of third parties dealing with the judgment creditor.</p> <p>4. Final judgment.— An entry of a court record declaring the default of the defendant; that by reason thereof the plaintiff ought to recover his damages ; that the clerk was ordered to assess such damages; that this was done; and which then, in appropriate language, directed the issuance of execution against each party for the costs by them severally incurred, is no final judgment. A judgment is final only when it contains the decision or sentence of the law upon the matter contained in the record; and the fact that the clerk was referred to as having assessed the damages at a certain sum is not sufficient; it must be followed by the sentence of the law declaring that the party do recover that sum.</p> <p>5. Final judgment.— A judgment for costs which does not dispose of the subject matter of the suit is no final judgment.</p>