Raysor v. Reid & Smith

Citations

• 55 Tex. 266
• 1881 Tex. LEXIS 115

Syllabus

<p>1. Execution—Priority of liens.— The doctrine that the interest of the mortgagor in personal property may be levied on to satisfy the execution in favor of a third party, applies equally to property conveyed by deed of trust, where the trustee or cestui que trust is . neither in possession nor entitled to possession at the time of levy and sale. If the security afforded by the prior lien is in danger of being destroyed by proceedings under the levy, the remedy is an appeal by an original suit invoking the equitable powers of the court. The question of priority of liens will not be determined in a proceeding for the trial of the right of property.</p>