Gaines v. National Exchange Bank

Citations

• 64 Tex. 18

Syllabus

<p>1, Homestead — Fraud.— One who transfers, in fraud of his creditors, land not occupied or designated for homestead purposes, though the transfer be made before judgment on a debt existing at the date of the transfer, cannot defeat the lien of the judgment by afterwards procuring a reconveyance of the land and occupying it as a homestead.</p> <p>2. Equity — Action.— Such judgment creditor may enforce his right as against the fraudulent vendor by an equitable proceeding to set aside the fraudulent deed and remove cloud from title, and is not compelled to resort in the first instance to a levy and sale of the property.</p> <p>8. Same — Judgment lien. — A suit by the judgment creditor to remove cloud from title, and to set aside such fraudulent deed, brought on the return of an execution issued in time, preserves the judgment lien.</p> <p>4. Verdict. — A verdict which by its terms was in favor of a deceased person, who had once been a party to the cause, and whose interest was represented by the heir, was not on that account fatally defective, when, after rejecting that portion of it, there was still enough specifically stated in the verdict in response to the issues submitted to sustain the judgment.</p> <p>6. Practice — Objections to a judgment appealed from, when urged for the first time in the supreme court, will not be considered.</p>