Stroud v. Casey
Texas Supreme Court
Appeal from Rusk. Tried below before Hon. C. A. Frazer. This suit of trespass to try title to a certain tract of land in Rusk county, was begun by Jesse Forrest v. Thomas G. Aiken. During its progress Thomas Pitner and Martin Casey intervened and asked to be substituted as plaintiffs in the stead of Forrest, alleging that the plaintiff since the institution of this suit had conveyed the land in controversy to them.
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Appeal from Rusk. Tried below before Hon. C. A. Frazer. This suit of trespass to try title to a certain tract of land in Rusk county, was begun by Jesse Forrest v. Thomas G. Aiken. During its progress Thomas Pitner and Martin Casey intervened and asked to be substituted as plaintiffs in the stead of Forrest, alleging that the plaintiff since the institution of this suit had conveyed the land in controversy to them. Pitner afterwards died, and Sampson Christie, executor of his will, became a party. The defendant Aiken suggested that he had purchased from S. M. Stroud, who was also made a…
1Opinion of the CourtWheeler, C. J.
It is perfectly well settled, that where there has been a sale under execution of lands or goods, .and a stranger is the purchaser bona fide, his title will not be affected by the subsequent reversal of the judgment. It is equally well settled, that if the plaintiff in execution or his attorney is the pm-chaser, the reversal of the judgment puts an end to his title. “A man recovers land in a real action, and takes possession under an execution; or he acquires title to land by extent, or. to goods by sale under execution, and the judgment is afterwards reversed. So far as he is concerned, his…
2Cited by15 opinions
- Johnson v. McKinnonSupreme Court of Florida · 1907
- Cleveland v. TuftsTexas Supreme Court · 1888
- Rio Delta Land Company v. JohnsonCourt of Appeals of Texas · 1971
- Allied Resources Corp. v. Mo-Vac Service Co., Texas Court of Appeals, 13th District1994
- Burns v. LedbetterTexas Supreme Court · 1881
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