Woodson v. Collins & Douglas

Citations

• 56 Tex. 168
• 1882 Tex. LEXIS 14

Syllabus

<p>1. Judgment — When a lien.— The provisions of the Revised Statutes making judgments operate as liens from the date of their record, considered in connection with section 5 of the final title of the .Revised Statutes, are held to be prospective in their operation. A judgment rendered before the adoption of the Revised Statutes, though only affirmed on appeal after that adoption, was not required to be recorded in order to preserve its lien.</p> <p>2. Same — Effect of appeal.—-When a party suing for a debt, and claiming also a vendor’s lien, obtains judgment for the debt, and appeals from that judgment because of the failure to allow the lien claimed, such appeal suspends the right to issue execution. The judgment lien is not extinguished by the failure to issue execution, nor by the appeal; but, on the affirmance of the judgment, relates back to the original judgment.</p> <p>3. Notice—Record — Possession.— Continuous possession by a vendee, in person or by tenants, is notice equivalent to record of Ms deed.</p> <p>4, Fraudulent conveyance — Evidence of.—Under such a state of facts as is presented in this case, it was error to find the conveyance ■from father to son fraudulent.</p>