Fisher v. Foote

Citations

• 25 Tex. 311

Syllabus

<p>A judgment in personam operates as a lien, not by reason of the cause of action upon which it was rendered, but by force of a statute which makes judgments a lien upon the real estate of the debtor within the county from the date of its rendition. (Paschal’s Dig., Arts. 3903, 3954, Notes 935, 936.) But the purchaser at sheriff’s sale takes subject to recorded mortgages in the vendor’s name. The vendor’s lien, not having been asserted, gave no additional effect to the sale under the execution, and the judgment lien being subsequent, and consequently subordinate to the mortgage, the purchaser at the sale under execution took subject to the rights of the mortgagee, and the equity of redemption having been concluded by the decree of foreclosure, it results that the purchaser at the sale under the decree took the title, unaffected by the lien of the judgment and the sale under execution.</p>