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· 7/1/1873

Morris v. Jay

Citations

  • 37 Tex. 17

Syllabus

<p>Two judgments were rendered on the same day against the same defendant, in favor of different plaintiffs, and executions on both were levied on the same tract of land. In January, 1869, J. purchased the land under the execution which was issued on the prior judgment in point of time. In April, 18G9, M. purchased the same land under execution issued on the junior judgment. Held, that as the lien under the prior judgment covered the entire interest of the judgment debtor, the sale by the sheriff passed all title out of the debtor ; and as the debtor had no re-remaining interest in the land, the purchaser under the junior judgment and sale acquired no title under the purchase.</p>

Judges: Ogden

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