Townsend v. Smith
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. At the Fall Term of Fort Bend District Court, 1845, commencing on the 29th day of September, Morgan L. Smith recovered a judgment against Nathaniel Townsend, in Fort Bend District Court, for $879 45, and against Robert Peebles, garnishee in said suit, for $150 with interest on the latter from 15th February, 1836, at five per cent, per annum until paid.
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Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. At the Fall Term of Fort Bend District Court, 1845, commencing on the 29th day of September, Morgan L. Smith recovered a judgment against Nathaniel Townsend, in Fort Bend District Court, for $879 45, and against Robert Peebles, garnishee in said suit, for $150 with interest on the latter from 15th February, 1836, at five per cent, per annum until paid. The notes on which the principal judgment was obtained bore interest at ten per cent. The exact date of the judgment did not On the 23d February, 1846, a,fi.fa. was issued against…
1Opinion of the CourtWheeler, J.
This being, in effect, an action of debt on a judgment, and not a proceeding by scire facias, to revive, the suit was rightly brought in the county of the defendant’s residence.
A levy upon land is no satisfaction of the judgment. Nor does the sale and purchase of the land by the judgment creditor operate a satisfaction of the judgment, if by reason of any substantial defects in the execution or proceedings thereon, no title passed to the purchaser. If the title to the land was not affected by the sale, the consequence is that the judgment debtor is the owner of his estate, as before, and the…
2Cases cited1 opinion
- Tate v. AndersonMassachusetts Supreme Judicial Court · 1812
3Cited by7 opinions
- Burns v. LedbetterTexas Supreme Court · 1882
- Rindge v. OliphintTexas Supreme Court · 1884
- Heirs of Bartley v. HarrisTexas Supreme Court · 1888
- Hollon v. HaleCourt of Appeals of Texas · 1899
- East Greenwich Institution for Savings v. AllenSupreme Court of Rhode Island · 1901
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