Grimes v. Hobson

Citations

• 46 Tex. 416

Syllabus

<p>1. Lien by levy op execution.—A lien by levy of execution takes preference over an unrecorded deed from the jndgmeut,debtor.</p> <p>2. Same—Registration laws.—Grace v. Wade & Mains, 35 Tex., 522, approved, holding that an unrecorded deed is void against a creditor who has acquired a specific lien or interest in the land in controversy by the levy of an execution under a judgment in a different county from that in which the land was situated, although tiie judgment has not been recorded in the county; and the creditor, or any one else who might purchase the land under the execution, would get title against the unrecorded deed, notwithstanding he might have full notice of the deed, at the time of the purchase, provided the creditor had no notice prior to the levy of his execution.</p> <p>3. Trespass to Try title.-An action involving title to land, (under Dangerfield v. Paschal, 20 Tex., 537.) is, in effect, an action of trespass to try title to the land, whatever be its form.</p> <p>4. Forms of action.—The rights given to creditors by the registration laws, do not depend upon the legal or equitable form of the action in which the. statute is invoked. When the purchaser, or the creditor in whose right he claims, comes within the proper construction and real import of the statute, the right conferred upon him by it, is as available in a court of equity as at law; and the one tribunal no more than the other can annul the plain provisions of the statute.</p> <p>■5. Sheriff’s sale—Co-defendant may purchase.—The fact that land was bought at sheriff’s sale, for or by a co-defendant in the execution, cannot affect the right to it, provided the creditor had a fixed lien upon the land, by levy or otherwise.</p> <p>G. Purchase by co-defendant at execution sale.—-Such purchase in no way diminishes his liability on the judgment, either in favor of the plaintiff in execution, or of the defendant, whose land was sold, if he paid more than his share of the judgment.</p>