Jones v. Smith

Citations

• 55 Tex. 383
• 1881 Tex. LEXIS 130

Syllabus

<p>1. Necessary parties.— An executor under an independent will is not a necessary party to a suit, in a controversy involving title between the heir and one who had discharged a judgment lien on the land, the judgment having been rendered against the executor, as such, and a defective sheriff’s deed executed to the purchaser; the object of the suit being to subrogate the purchaser who had discharged the lien to the lien of the original judgment.</p> <p>2. Same—Parties.— If the suit be between the vendee of the purchaser at such sheriff’s sale and the heir, the purchaser who has executed a deed with warranty may properly intervene and have his rights adjudicated. .</p> <p>3. Subrogation.—A purchaser at a sheriff’s sale, who, after paying money on His bid which discharges the judgment, receives a defective sheriff’s deed, may be subrogated to the lien of the original judgment. His right of action does not depend on his possession. If in possession, he cannot be disturbed in it by the original judgment debtor, until the money paid by him in discharging the judgment has been refunded.</p>