Grace v. Wade & Mains

Citations

• 45 Tex. 522

Syllabus

<p>1. Lien by judgment and levy of execution. — The lien of the' judgment creditor who, without notice, has caused a levy to be made upon land under his judgment, under an execution directed * to another county, is superior to the unrecorded deed of a vendee of tiie defendant in execution.</p> <p>2. Same — Purchaser.—A purchaser under such levy and execution with notice is entitled to the rights of the creditor, and his title under such purchase is not affected by his notice of the adverse claim.</p> <p>3. Same. — At common law the lien acquired by a judgment or levy of an execution extends to and hinds only such title or interest as the debtor hud in the land at the date of the judgment or levy.</p> <p>4. Same. — The rule as to such liens at common law has been modified by our statutes.</p> <p>5. Registration laws — Construction of statutes. — Paschal’s Dig., arts. 4988, 4989, construed. The statute, in plain and unmistakable . language, says that unrecorded conveyances, whether by deed or bond, are void as to two classes of persons, viz : “All creditors” and “subsequent purchasers for valuable consideration without notice.”</p> <p>6. Same. — Paschal’s Dig., arts. 4988, 4989, 4994, discussed.</p> <p>7. Same. — If an unrecorded instrument cannot take effect, but is void as to creditors, it is absurd to say that the creditor’s lion does not hind the land to which it applies, or that it cannot be enforced by sale of the land so bound by it for the payment of the debt, just as . if no such instrument existed.</p> <p>8. SAME. — Nor can the right of the creditor acquired by his lien, not merely to purchase himself, but to have.the land sold iu open market, be taken away by the subsequent record of such instrument; nor can the creditor be precluded from the full benefit of his lieu for the satisfaction of his demand, except by becoming himself- the purchaser.</p> <p>9. Same — Purchaser with notice. — Hence a purchaser with notice, under an execution sale of land upon whic