Lynn v. Le Gierse & Co.

Citations

• 48 Tex. 138

Syllabus

<p>1. Judgment creditor.—A judgment creditor may either institute suit to have a conveyance of land by the debtor declared fraudulent and the land subjected to his execution, or he may cause an execution to be levied on the land fraudulently conveyed by the debtor, and after purchasing at execution sale, he may then bring his suit to have the fraudulent conveyance set aside, and recover the land.</p> <p>2. Verdict—Judgment.—When the judgment creditor becomes the purchaser at execution sale, and brings pit against the judgment debtor and his vendee, to set aside the conveyance for fraud, if, under the pleadings and charge of the.court, a general verdict, in favor of plaintiff, establishes, amongst other things, a fraudulent intent on the part of the debtor in making the conveyance, and that the vendee was affected with notice of that intent, such general verdict would be sufficient to authorize the cancellation of the conveyance made by the debtor, so far as the same might affect the plaintiff’s rights.</p>