Reports of cases argued and decided in the Supreme Court of the State of Texas, during the Galveston session, 1867, with an appendix containing the cases of the Galveston session, 1861, etc. Volume 29. Page: 48
ix, 626 p. ; 22 cm.View a full description of this book.
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38 RUSSELL V. MCCAMPBELL. [Galveston,
of Deedi, with a stay of execution for six months, in the
district court of Karnes county, in which the premises
are situated.
The first execution was issued on this judgment May
19, 1858, and returned, " No property found."
The second was issued on the 24th January, 1859, and
returned, "No property found."
The third, on the 7th May, 1859, upon which no return
appears.
The fourth, on the 1st December, 1859, and levied on
the house and lot in controversy 21st January, 1860, and
sold to the appellees on the 6th March, 1860, for $55.
It appears that Owings and wife, by deed dated 26th
February, 1858, conveyed this property to the appellant,
C. A. Russell; the deed was duly registered on the 27th
February, 1858; and that Russell was.in the possession
of the premises at the date of the levy and sheriff's sale.
There is no charge of fraud in the purchase made by
Russell of Owings, and it will not be denied that his purchase
must prevail over that of the appellees, unless the
latter title relates back to the date of the judgment, and
is made to overreach that of appellant by the lien given
by law to the judgment under which they purchased;
and the main question in this case appears to be, whether
the judgment lien was kept alive, so as to overreach and
defeat the purchase of the appellant made in February,
1858.
The court charged the jury, that if the property in
controversy was the same sold by the sheriff to the
plaintiffs [38] below, and paid for by them, they must
find a verdict in their favor, unless it appear that the
property was occupied by Owings and family as their
homestead at the date of their sale to Russell. A verdict
and judgment were rendered in favor of the appellees,
and this ruling of the court is assigned as error. The
appellant requested the court to charge the jury, that if
it appeared there was more than twelve months' time
elapsed between the date of the judgment in favor of
43
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Texas. Supreme Court. Reports of cases argued and decided in the Supreme Court of the State of Texas, during the Galveston session, 1867, with an appendix containing the cases of the Galveston session, 1861, etc. Volume 29., book, 1882; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28544/m1/46/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .