Arthur Gaona v. Rodolfo v. Gonzales

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-98-00071-CV

Arthur Gaona, Appellant

v.

Rodolfo V. Gonzales, Appellee

FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT

NO. B-97-0417-C, HONORABLE DICK ALCALA, JUDGE PRESIDING

We consider in this appeal whether the equitable rights of one who has contracted to buy real property prevail over a judgment lien placed on the property by a creditor of the seller. Appellee Rodolfo Gonzales obtained a summary judgment ordering the foreclosure of his lien on land appellant Arthur Gaona had contracted to buy. We will reverse the…