Johnston's Administrator v. Shaw

Citations

• 33 Tex. 585

Syllabus

<p>1. In all oases wherein executions issue upon dormant judgments, all parties and privies are chargeable with not'ce and can acquire no title to laud sold under such executions.</p> <p>2. Executions were issued on. four dormant judgments for costs, and were levied on a league of land belonging to J. Only one ot tbe Judgments was agalinst J., and he had more than satisfied that one by payments made to the officers of court but not credited by them. The land was worth three dollars and a half per acre, but at the execution sale the whole league was struck off for iorty dollars to a nominal purchaser, who immediately conveyed it to parties who were then litigating with J. the present suit for the land. Held, that these circumstances, taken in connection with the enormous inadequacy ot the price paid at' the execution saleTnot only justify the inference of fraud, but point to it almost conclusively.</p>