Jemison v. Halbert

Citations

• 47 Tex. 180

Syllabus

<p>Parties—Judgment lien—Subrogation.—In November, 1859, Wolford sold a tract of land to Mrs. Peck, giving a bond for title, on payment of the purchase-money, in four annual installments. On the 7th of February, I860, Wolford transferred Mrs. Peck’s obligation to R. S. andE. S. Jemison. In April, 1863, Mrs. Peck, for an expressed consideration of twelve thousand dollars, conveyed her interest in the land to R. S. and E. S. Jemison, transferring Wofford’s title bond. In October, 1860, judgment had been rendered in tin: county where the land is situate, in favor of W. G-. Lane ■& Co., against Wofford, for $797.44, and against Mrs. Peck, as garnishee, (in a suit brought March 20. I860,) for a like sum, which judgment was recorded. On the judgment against Mrs. Peck, executions issued in March and July, 1861, and in April and February, 1868; under which last execution, and also under an execution against Wolford, the land was sold to Halbert for fifty dollars. The sale was publicly forbid at the time of sale by Jemison's attorney. R. S. Jemison went into bankruptcy, November, 1868, and placed on his schedule the undivided half of the land, witli a note that it was claimed by J, L. Halbert. R. S. Jemison’s interest was sold on the 0th of Jttty, 1869, at bankrupt sale, and bid off by E. S. Jemison, under whose instructions the assignee conveyed the same to Amanda IC. Jemison et al., the wife and children of R. S. Jemison, on July 7, 1869; and, on the same day, E. S. Jemison conveyed to the same parties all his interest in the lands. This suit had been brought by J. L. Halbert, in trespass to try title for the land, on February 6, 1869. On the 29th of October, 1870, E. S. Jemison filed his disclaimer of interest, and appellants, Amanda IC. Jemison and her children, asked leave to be made parties defendant, setting up their claim to the land. On the above facts, a jury being waived, judgment was rendered for Halbert against Amanda K. Jemison and her children, for the land :