Willis v. Ferguson

Citations

• 59 Tex. 172
• 1883 Tex. LEXIS 124

Syllabus

<p>1. Case approved.— The’decision in this case on former appeal (46 Tex., 496) approved and followed.</p> <p>2. Administration. — An independent executrix, under will, openly declared her purpose to have nothing to do with the estate, refused to return an inventory, and requested the county judge to appoint as administrator de bonis non her son. Held, that these facts tended to show that the county judge acted on sufficient evidence in declaring the estate vacant, and a purchaser of land, sold under order of court by the administrator de bonis non, was protected as 'against a collateral attack calling in question the legality of the administration.</p> <p>3. Purchaser pendente lite.— While a purchaser pendente lite is bound by the judgment rendered in the cause in reference to the property in litigation which is purchased by him, his rights are not affected by proceedings seeking only a moneyed judgment against the vendor and having no reference to the property purchased. Hot would the fact that an attachment, which had been quashed, was once levied on the land, which was bought pending proceedings to obtain a moneyed judgment, constitute the purchaser a purchaser pendente lite.</p> <p>4. Lien oe judgment.— Linder the laws in force in 1867 a judgment became a lien upon land of the debtor situate in a county other than that in which it was rendered from the time when a transcript of such judgment should be filed for record in such other county; but the lien ceased if execution was not issued upon such judgment within one year from the first day upon which execution could issue thereon.</p>