Edwards v. Norton

Citations

• 55 Tex. 405
• 1881 Tex. LEXIS 134

Syllabus

<p>1. Execution sale—Receiver.— Property in the hands of a receiver, pending litigation, is not subject to levy and sale until after a final decree is rendered in the cause. A purchaser at a sale under an execution issued from the supreme court, for costs, and levied upon such property, acquires no title while the property is in the hands of the receiver. Under any other rule, the whole fund might pass from the receiver before a final decree.</p> <p>2. Execution sale.— An uncertain equitable interest in land is not subject to sale under execution. Such a sale would involve ruinous sacrifice to the debtor, without effecting the purpose of the law in satisfying the claims of creditors.</p> <p>3. Continuance — Purchaser pendente lite—Intervenor.— A purchaser pendente lite who intervenes in the cause is not entitled, on the ground that he is a necessary party, to claim any better attitude in the case than any other intervenor. He has no right to a continuance of the cause.</p> <p>4. Evidence.—A purchaser of the interest of a litigant, p&ndente lite, who intervened in the cause, objected to the reading in evidence of the deposition of him whose interest he claimed to have purchased, but who was still a party; claiming that no title passed by the sale. The depositions were irregular, but were offered by the adversary as proof of handwriting of the deponent. Held, that the objection was properly overruled.</p>