Wallace & Co. v. Campbell

Citations

• 54 Tex. 87
• 1880 Tex. LEXIS 129

Syllabus

<p>1. Purchaser—Community property.—Land paid for with community property was conveyed to the wife, and the amount paid was by the husband credited on an account due by him to the wife for her separate means, which had been appropriated by him. The intention was to make the land the separate property of the wife, but the deed contained no such recital. In a suit for the land between, the wife and the purchaser of the same under execution, in whose favor a judgment had been rendered against the husband, without other notice of the wife’s separate estate in the land than such as the deed to her imported, held—</p> <p>1. The fact that the deed was made to the wife did not constitute notice that it was her separate property.</p> <p>2. Such a deed cannot have engrafted on it a trust not expressed on its face, to the detriment of an innocent purchaser.</p> <p>3. The rights of the judgment creditor were so fixed by his judgment lien as to support the title derived through subsequent sale under execution, and this, though the judgment creditor was himself the purchaser, and credited the amount of his bid on the execution.</p> <p>2. Gases approved.— Cooke v. Bremond, 27 Tex., 457; Kirk v. Navigation Co., 49 Tex., 215; Grace v. Wade, 45 Tex., 522, approved.</p> <p>3. Bona fide purchaser—Lien creditor.—A judgment creditor who purchases at execution sale, and has the amount of his bid credited on the execution, may be considered a bona fide purchaser; to hold otherwise might often result in the sacrifice of the property and loss of the debt, to the detriment of both debtor and creditor.</p>