Legal Opinion

Spence v. Brown

Texas Supreme Court

Decided February 22, 1894No. 97PublishedCited by 9 opinions

Error to Court of Civil Appeals for Third District, in an appeal from Tom Green County. Chief Justice Fisher being disqualified, Hon. L. J. Storey was appointed special judge in this case, and he delivered the opinion in the Court of Civil Appeals.

1Opinion of the Court

STAYTON, Chief Justice.

Both parties claiming from a common source, it was held by the Court of Civil Appeals that defendants in error were entitled to judgment if the judgment through which plaintiff in error claims was not so recorded as to give lien upon the land.

The sole ground on which it was held that the abstract of that judgment was not properly recorded was that the certificate authenticating it was not recorded with the abstract. ¡

The law provides, that “ It shall be the duty of each clerk of a court, when the person in whose favor the judgment was rendered, his agent, attorney, or…

2Cases cited5 opinions

  1. Lytle v. LytleIndiana Supreme Court · 1871
  2. Wilson v. VanceIndiana Supreme Court · 1876
  3. Morrison v. FishelIndiana Supreme Court · 1878
  4. Hazzard v. HeacockIndiana Supreme Court · 1872
  5. Robb v. City of IndianapolisIndiana Supreme Court · 1871

3Cited by9 opinions

  1. Cadle Co. v. Butler, Texas Court of Appeals, 13th District1997
  2. Reed v. RobertsonTexas Supreme Court · 1913
  3. McGlothlin v. CoodyCourt of Appeals of Texas · 1931
  4. Wicker v. JenkinsCourt of Appeals of Texas · 1908
  5. Burton Lingo Co.v. WarrenCourt of Appeals of Texas · 1931

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