Hillmann v. Meyer

Citations

• 35 Tex. 538

Syllabus

<p>In an action of trespass to try title, the defendants claimed the land under a deed executed on the twenty-seventh of November, I860, while the plaintiffs claimed it under a sheriff’s sale by virtue of a judgment which was recorded in the county on the same twenty-seventh of November, at four o’clock in the afternoon; and the relative merits of the titles depended on the question of fact, whether the registration of the judgment or the execution of the deed was prior in point of time. Held, that as the plaintiffs in this form of action can only recover on the strength of their own title, the burden of proof rested upon them to show that the judgment was recorded before the deed was executed; and in the absence of evidence on that question, there is no presumption that the judgment lien attached previous to the execution of the deed.</p>