Grace v. Wade & Mains
Texas Supreme Court
Appeal from Montague. Tried below before the Hon. A. B. Wilkinson, special judge. Thomas L. Wade and Lucy A. Mains, surviving widow of L. F. Mains, sued Charles D. Grace, J. J. Jones, Martha Anderson, and her husband, Aaron Anderson; A. J. Haile)', and Houston Hailey, claiming 640 acres, interest in a survey of a tract of 1,252 acres described in the petition; alleging that on February 20, 1869, the defendant, J. J. Jones, for valuable consideration, executed his title bond,…
Read the full summary
Appeal from Montague. Tried below before the Hon. A. B. Wilkinson, special judge. Thomas L. Wade and Lucy A. Mains, surviving widow of L. F. Mains, sued Charles D. Grace, J. J. Jones, Martha Anderson, and her husband, Aaron Anderson; A. J. Haile)', and Houston Hailey, claiming 640 acres, interest in a survey of a tract of 1,252 acres described in the petition; alleging that on February 20, 1869, the defendant, J. J. Jones, for valuable consideration, executed his title bond, whereby he contracted with plaintiffs, Wade and S. F. Mains, to execute to them a valid deed by July 1,1869, for said…
1Opinion of the Court
Moore, Associate Justice.
The only question in this case is, whether a vendee of land, who claims title by an unrecorded deed, or bond for title, or the purchaser, with notice of such deed or bond, at execution sale on a judgment *525against the vendor, where the creditor has no notice of the title or claim of the vendee at the date of the levy of the execution, has the better title. The determination of this question depends upon the nature and character of the lien acquired by a creditor by the judgment and levy of execution, and if it is admitted that the lien of the creditor is superior to the…
2Cases cited11 opinions
- Blankenship v. DouglasTexas Supreme Court · 1862
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- Pollard v. CockeSupreme Court of Alabama · 1851
- De Vendell v. Doe ex dem. HamiltonSupreme Court of Alabama · 1855
- Guiteau v. WiselyIllinois Supreme Court · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- McKamey v. ThorpTexas Supreme Court · 1884
- Parker v. G. Y. Coop.Texas Supreme Court · 1883
- Taylor v. HarrisonTexas Supreme Court · 1877
- First State Bank of Amarillo v. JonesTexas Supreme Court · 1916
- Overstreet v. ManningTexas Supreme Court · 1887
84 more not listed; retrieve them via the Exa API.