Cain v. Woodward
Texas Supreme Court
Appeal from Hamilton. Tried below before Hon. T. L. Regent. Appellant Cain, May 2, 1883, sued Woodward in trespass to try title for 960 acres of land in Hamilton County grunted to H. H. Watrous, assignee of John Person. Cain and Woodward both claimed through.
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Appeal from Hamilton. Tried below before Hon. T. L. Regent. Appellant Cain, May 2, 1883, sued Woodward in trespass to try title for 960 acres of land in Hamilton County grunted to H. H. Watrous, assignee of John Person. Cain and Woodward both claimed through. John C. Watrous; Cain by mesne conveyances under a sale made by the« sheriff of Hamilton County under an alias execution issued March 28, 1877, in favor of George Butler, and against John C. Watrous and H. L. Kinney, upon a judgment recovered June 2, 1860, in the District Court of Galveston County. The defendants attacked the title under…
1Opinion of the Court
Hobby, Judge.
The questions arising in this case, in the order presented, are:
1. Whether an execution issued and levied upon land subsequent to the death of the defendant in execution upon a judgment rendered against him during his lifetime is void? (This question arises upon appellant’s demurrer to appellee’s answer alleging this fact.)
2. Is a sale of land under an execution made after the return day thereof void?
3. Can remote vendees of the land so sold holding by mesne conveyances under the plaintiff in the execution, who bought at his own sale and whose heir subsequently conveyed by…
2Cases cited3 opinions
- Towns v. HarrisTexas Supreme Court · 1855
- Young v. SmithTexas Supreme Court · 1859
- Maloy v. StateTexas Supreme Court · 1871
3Cited by8 opinions
- Tanner v. GrishamTexas Commission of Appeals · 1927
- Fleming v. BallCourt of Appeals of Texas · 1901
- Smith v. AdamsCourt of Appeals of Texas · 1960
- Morgan v. Massillon Engine & Thresher Co.Court of Appeals of Texas · 1925
- Terry v. CutlerCourt of Appeals of Texas · 1893
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