French v. Grenet

Citations

• 57 Tex. 273
• 1881 Tex. LEXIS 178

Syllabus

<p>1. Jurisdiction.— The United States court, sitting in bankruptcy, had no jurisdiction to order the sale of land, the individual property of a deceased member of a mercantile firm, whose death had occurred, and whose estate was being administered by independent executors under the terms of a will which withdrew it from control of the probate court. No title passed to the purchaser at such a sale.</p> <p>2. Purchaser in good faith.— A purchaser at a sale, made under a decree of court which had no jurisdiction, may still under some circumstances be a purchaser in good faith, and as such entitled under the statute to compensation for improvements made on land purchased before eviction. See opinion for such a case.</p> <p>3. Permanent and valuable improvements.— The claim of a defendant in possession under a void judicial sale, for the value of necessary and beneficial repairs. made by him on improved real estate, and which have enhanced the value of the property, is based upon a higher equity than if the improvements were merely ornamental, or new. See statement and opinion for a case in which such a claim was allowed.</p> <p>4. Purchaser—Subrogation.— A purchaser at a void judicial sale, when the money paid by him was applied to the discharge of a valid judgment which constituted a lien on the land, is subrogated to the rights of the judgment creditor, and entitled to be reimbursed the amount paid, before eviction.</p>