Pearson v. Hudson

Citations

• 52 Tex. 352
• 1879 Tex. LEXIS 147

Syllabus

<p>1. Trust deed—Fraud.—The execution of a deed to secure a debt to a third party, conveying in trust laud which at the time was subject to a judgment lien in favor of another, cannot be regarded as fraudulent, with reference to the owner of the judgment.</p> <p>2. Bankruptcy.—The assignee in bankruptcy had the power to sell the interest of the bankrupt in property to which there was an adverse claim, without making the adverse claimant a party; but the sale would be without prejudice to his interests.</p> <p>3. Notice—Sheriff’s sale.—The plaintiff in execution who becomes a purchaser at execution sale, is chargeable with notice of the irregularities of tiie sheriff in making a levy.</p> <p>4. Sheriff’s sale—Inadequacy of consideration.—A plaintiff in execution purchased, at execution sale, for §10, improved land worth from $500 to $1,000. There was evidence that the defendant in execution was not called on to point out property, and that lie owned and had in the count)', subject to levy, personal properly of large value which was not levied on. The court below, a jury being waived, held that the gross inadequacy of the amount bid, in connection with irregularities of the levy, avoided the sale : Held, That there was no error.</p>