Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 181
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1875.] NICHOLAS V. HESTER & CGAWFORD. 181
Opinion of the Court.
ROBERTS, C. J. R. S. Crawford bought one hundred
acres of land from II. H. Hester in 1868, when there was,
and had been since 1860, a subsisting judgment in the District
Court of De Witt county against H. IL. Hester in favor of
Nicholas' intestate Edwin Bass, during all which time Hester
had owned said land as part of a larger tract. The judgment
had not been recorded in the Clerk's office of said county for
the purpose of securing a lien in accordance with the Act of
1860, which was in force when the judgment was rendered.
In 1866 (9th Nov.) an act was passed which prescribed that
whenever final judgments shall be rendered by any court of
" record of this State, such judgment shall be a lien on all real
" estate of the judgment debtor situate in the county where the
judgment is rendered from the date of the judgment," etc.,
Pas. Dig., Art. 7005.
The question in this case is, does this statute have the effect
of giving to Bass's judgment a lien from the date of the passage
of the act in 1866, upon the land of Hester, then belonging to
him, liable, to execution and situated in the County of Dewitt,
where the judgment had been rendered in September,
1860, the same being a subsisting judgment upon which executions
had been previously issued so as to prevent it from being
We are of opinion that it did. This was directly decided in
the case of Moore v. Letchford, and the elaborate arguments'in
the opinions of the court, and in the brief of counsel in that
case supersede the necessity of any further discussion thereon.
35 Texas Reports, 185.
There is therefore error in the court below, in the ruling
.pon the exceptions of defendants, and in not granting a new
Judgment reversed and cause remanded.
Reversed and remanded.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/189/: accessed August 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .