Lynn v. Le Gierse & Co.
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. R. S. Walker. In the early part of the year 1874, James Lynn purchased from the I. and G. N. R. R. Co. lot No. 4, in block 164, on Spring street, in the city of Palestine, in Anderson county. At this time he was engaged in keeping a saloon and a restaurant, and was indebted to appellant and others.
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Appeal from Anderson. Tried below before the Hon. R. S. Walker. In the early part of the year 1874, James Lynn purchased from the I. and G. N. R. R. Co. lot No. 4, in block 164, on Spring street, in the city of Palestine, in Anderson county. At this time he was engaged in keeping a saloon and a restaurant, and was indebted to appellant and others. Soon after purchasing this lot, and before improvements had been made thereon, he sold the lot to Peter Lynn, his brother, executing to him a deed of conveyance, which was duly recorded in the clerk’s office of Anderson county, Texas. After the…
1Opinion of the Court
Gould, Associate Justice.
A judgment creditor may cause his execution to be levied on land fraudulently conveyed by the debtor, and if he himself becomes the purchaser at the execution sale, he may then bring his suit to have the fraudulent conveyance set aside, and recover the land.
True, he may, if he sees fit, first institute his suit to have the conveyance declared fraudulent, and the land subjected to his execution; but his right to proceed to levy and sell, in the first instance, is firmly established. (Castro v. Illies, 22 Tex., 480; Wood v. Chambers, 20 Tex., 248; Hancock v. Horan, 15…
2Cases cited1 opinion
- Hancock v. HoranTexas Supreme Court · 1855
3Cited by12 opinions
- Farrar v. Edwin Bates & Co.Texas Supreme Court · 1881
- Equitable Trust Co. v. RolandCourt of Appeals of Texas · 1982
- Baker v. WestTexas Supreme Court · 1931
- Grace v. HanksTexas Supreme Court · 1882
- Cassaday v. AndersonTexas Supreme Court · 1880
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