Wylie v. Posey

Citations

• 71 Tex. 34
• 9 S.W. 87
• 1888 Tex. LEXIS 1096

Syllabus

<p>I. Judgment Lien.—Under the act of November 9, 1866, the judgment lien was lost unless executions were regularly issued, and a break of over twelve months between executions abated the lien. (54 Texas, 243, 370, and 56 Texas, 250.)</p> <p>3. Fraud, Evidence of.—The rule in civil eases, even in the case of proving the existence of fraud, does not require that the proof be made to a moral certainty or beyond a reasonable doubt.</p> <p>3. Same.—The law does not attempt to tell a juror what amount or kind of evidence ought to produce belief in his mind.</p> <p>4. Estoppel.—An insolvent debtor trading a tract of land for another tract, obtains a deed for the latter, the party trading with the debtor enters into posses-ion, executions against the debtor is levied upon both tracts. Held that such levy does not affect the equitable right of the party trading with the debtor to the land he traded for and possession of which he held at the time of the levy, though the legal title was in the debtor at the levy.</p> <p>5. Fact Case.—Facts insufficient to prove fraud.</p>