Scott v. Lyons, Solomon & Co.

Citations

• 59 Tex. 593
• 1883 Tex. LEXIS 233

Syllabus

<p>I. Execution — Presumption.— An execution under which land was sold, which was formal in other respects, recited that the plaintiff in whose favor the judgment was rendered was dead, and gave the name of one who it stated had administered on his estate. In a collateral attack upon the title acquired by a purchaser at a sale under the execution, held,</p> <p>(1) There being but one mode recognized by statute by which information on which he could act could be communicated to a clerk, informing him of the death of a judgment creditor and of administration on his estate, it will be presumed that he obtained his knowledge of the facts in that mode.</p> <p>(2) There is no statutory requirement that the clerk shall recite in the writ the source of his information on the subject.</p> <p>(3) The writ was sufficient, and the seal of court attached thereto raises a presumption of authority for its issuance.</p>