Taylor v. Snow

Citations

• 47 Tex. 462

Syllabus

<p>1. Execution sale—Nullity.—A sale of property under execution, after the death of the defendant, is only relatively void. The title acquired by such sale cannot be maintained against the administrator or parlies acquiring title under and through the administration.</p> <p>2. Sale under void or voidable judgment-^How attacked.— Such sale may be avoided by any party having an interest in the property, if lie should seek to do so in the proper time and manner. It cannot be set aside where (here has not been and cannot be an administration upon tiie estate, in a collateral proceeding, upon grounds going to the validity of the judgment, rather than of the execution.</p> <p>3. Judgment—Collateral attack.—The fact that the defendant died before the rendition of the judgment under which the execution sale was made, is a matter attacking the judgment; and in a collateral proceeding, when interposed to defeat an action of trespass to try title for land sold on such execution, will not defeat the action.</p>