Sessums v. Botts
Texas Supreme Court
Error from Harris. Tried below before the Hon. George B. Scott. On the 30th of November, 1866, George Ball and others recovered in the Harris District Court a judgment against L. A. Bryan, for some $3200. No execution for the judgment debt issued until July 4, 1868, nearly twenty months after the rendition of the judgment. Botts became the purchaser of certain lots in Houston, at a sheriff’s sale made under the execution issued at the latter date.
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Error from Harris. Tried below before the Hon. George B. Scott. On the 30th of November, 1866, George Ball and others recovered in the Harris District Court a judgment against L. A. Bryan, for some $3200. No execution for the judgment debt issued until July 4, 1868, nearly twenty months after the rendition of the judgment. Botts became the purchaser of certain lots in Houston, at a sheriff’s sale made under the execution issued at the latter date. In March, 1867, Bryan mortgaged the same lots to Sessums &• Co., and in October, 1868, he conveyed them to Sessums in fee. This suit was brought in…
1Opinion of the CourtOgden, J.
On the 9th day of November, 1866, an act of the Legislature was approved, entitled, “An act to prevent judgments from becoming dormant, and to create and preserve judgment liens,” and provides “ that whenever final judgment shall be rendered by any court of record of this State, such judgment shall *348be a lien on all the real estate of the judgment debtor situate in the county where the judgment is rendered, from the date of the judgment; provided, that said lien shall cease and become inoperative, if execution be not issued upon such judgment within one year from the first day upon which such…
2Cases cited1 opinion
- Jones v. McMahanTexas Supreme Court · 1868
3Cited by24 opinions
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- Sharber v. FlorenceTexas Supreme Court · 1938
- Miller v. DunnCalifornia Supreme Court · 1887
- State ex rel. New Orleans Canal & Banking Co. v. HeardSupreme Court of Louisiana · 1895
- Black v. EppersonTexas Supreme Court · 1874
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