Arledge & Woodson v. T. J. Hail & Co.
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. W. D. Wood. Suit by appellee, filed in the district court of Houston county June 17, 1880, against the widow and children of A. D. Allbright, deceased, on two promissory notes executed January 29, 1877, by A. D. Allbright to Wm.
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Appeal from Houston. Tried below before the Hon. W. D. Wood. Suit by appellee, filed in the district court of Houston county June 17, 1880, against the widow and children of A. D. Allbright, deceased, on two promissory notes executed January 29, 1877, by A. D. Allbright to Wm. All-bright or bearer, and to foreclose a vendor’s hen on two tracts of land; and also against appellants, who it was alleged held title to the lands under a judgment and execution against A. D. Allbright, and purchase thereunder at sheriff’s sale. The widow and one adult heir made default; the other children, all…
1Opinion of the Court
Bonner, Associate Justice.
The sheriff’s deed to defendants Arledge and Woodson vested in them the legal title to the land which plaintiff Hail sought to subject to his alleged vendor’s Hen.
The testimony shows conclusively that at the date of the rendition of the judgment in favor of Arledge and Woodson against A. D. Allbright, under which the execution sale and this sheriff’s deed were made, they had no notice of any outstanding equity against the title of A. D. Allbright, and it tends strongly to show that they had no such notice at the date of the sheriff’s deed to them. A. D. AUbright had…
2Cases cited4 opinions
- Burks v. WatsonTexas Supreme Court · 1877
- Ware v. BennettTexas Supreme Court · 1857
- Pitschki v. AndersonTexas Supreme Court · 1878
- Avent v. McCorkleMississippi Supreme Court · 1871
3Cited by3 opinions
- Holford v. PattersonTexas Supreme Court · 1923
- Flewellen v. CochranCourt of Appeals of Texas · 1898
- Holcroft v. WheatleyCourt of Appeals of Texas · 1937