Hargrove v. De Lisle

Citations

• 32 Tex. 170

Syllabus

<p>1— A person who bought land while it was subject to the lien of a recorded. judgment was chargeable with constructive notice of such lien; and such a purchaser, in 1864, was also chargeable with notice of the laws then in force suspending the collection of debts by execution until six months after the close of the war, or twelve months after a treaty of peace.</p> <p>2— By order of Provisional Governor Hamilton, and by Ordinance of the Convention of 1866, and by Act of the Legislature of 1866, the collection of debts by execution continued to be suspended until this court, by a judgment rendered in February, 1868, (Jones v. McMahan, 80 Tex., 719,) declared the unconstitutionality of the stay law of 1866.</p> <p>8—Though a judgment creditor might be chargeable with negligence in not having his judgment re-transcribedy>efore its lien expired, yet a purchaser who bought land of the judgment debtor while it was subject to the lien of the judgment, and who thereby placed himself in the attitude of the debtor himself, can not avail himself of such negligence of the creditor.</p> <p>4—This court does not affect ignorance of the historical act of secession, and it recognizes the impracticabilty of executing the process of the United. States Courts after that act and down to the close of the war.</p> <p>o—So, also, this court takes judicial cognizance that the war was not officially proclaimed at an end by the President of the United States until the 26th of August, 1866.</p> <p>6—A levy in February, 1861, of an execution emanating from a judgment of a United States Court, created a lien which subsisted, it seems, without sale or further process, until the issuance of another execution, in May, 1867; and a person who, in 1864, purchased the land levied on was chargeable at the time of his purchase with constructive notice of the levy and its lien, and could only acquire title subject thereto.</p> <p>7—A person who bought land in 1864, with constructive notice of such a li