Sanger Bros. v. Thos. Trammell & Co.

Citations

• 66 Tex. 361
• 1 S.W. 378
• 1886 Tex. LEXIS 525

Syllabus

<p>1. Revised statutes, article 2291, construed—Indorsement of attachment and execution—Article 2291 of the Revised Statutes is declaratory of what the law was, previous to their adoption. (Cavanaugh ». Peterson, 47 Tex., 197, etc.) The indorsement upon the execution or attachment levied upon land must take place before the levy is complete, and no other steps can give validity to a levy not accompanied by an indorsement.</p> <p>2. Same—Lien—From the time of making the indorsement must be dated the lien acquired upon the property by the plaintiff.</p> <p>3. Same—Fraudulent indorsement—Collateral attack—Two attaching creditors levied upon the real estate of their debtor on the same day. One writ purported to have been indorsed at 3 a. m. and the other at 8.30 a. m. In a suit between the creditors. Held:</p> <p>(1) Evidence was admissible to show that the first mentioned indorsement was made subsequent to the other.</p> <p>(2) The indorsement was conclusive as to all parties to the writ upon which it was made and those in privity with them, but not as to strangers to the judgment rendered in that cause.</p>