Bassett v. Proetzel
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarlane. Suit by appellant Bassett for an undivided half interest in a lot in the city of Brenham, to recover damages and for partition. The cause was submitted to the court below as an agreed case, stipulating that the judgment should be for the plaintiff or defendants, according as the court should hold the law to be for the one or the other.
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Appeal from Washington. Tried below before the Hon. I. B. McFarlane. Suit by appellant Bassett for an undivided half interest in a lot in the city of Brenham, to recover damages and for partition. The cause was submitted to the court below as an agreed case, stipulating that the judgment should be for the plaintiff or defendants, according as the court should hold the law to be for the one or the other. The case agreed is as follows: “ On the 21st day of October, 1859, one A. J. Gilder was the owner in fee of the undivided half interest in the lot in controversy, as described in the petition.…
1Opinion of the Court
Gould, Associate Justice.
The main question in this case is settled by the decision recently made at the Galveston term, in the case of Barron v. Thompson. That question is as to what diligence was necessary to procure a judgment lien under the act of November 9, 1866, entitled “ an act to prevent judgments from becoming dormant, and to create and preserve judgment liens.” Pasch. Dig., art. 7005.
The purport of the decision was that, notwithstanding the issuance of execution within one year from the time when it might have issued, unless due diligence were subsequently used to enforce the lien,…
2Cases cited4 opinions
- Doe v. ChildressSupreme Court of the United States · 1875
- Coffee v. Ball, Hutchins & Co.Texas Supreme Court · 1878
- Hancock v. HendersonTexas Supreme Court · 1876
- Elliott v. BoothTexas Supreme Court · 1875
3Cited by7 opinions
- Cooke v. AverySupreme Court of the United States · 1893
- Harvey v. EdensTexas Supreme Court · 1887
- Williams & Guyon v. DavisTexas Supreme Court · 1882
- Wren v. PeelTexas Supreme Court · 1885
- S. Deutsch & Co. v. AllenTexas Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.