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20 Tex. 465

Townsend v. Smith

Texas Supreme Court

Decided July 1, 1857

Texas Supreme Court · decided 1857-07-01

Tried below before the Hon. Thomas H. DuVal. At the Fall Term of Fort Bend District Court, 1845, commencing on the 29th day of September, Morgan L. Smith recovered a judgment against Nathaniel Townsend, in Fort Bend District Court, for $879 45, and against Robert Peebles, garnishee in said suit, for $150 with interest on the latter from 15th February, 1836, at five per cent, per annum until paid.

Cited by 2 later decisions — most recently November 1914

2 state decisions

Relies on Tate v. Anderson

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-01

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Wheeler, J.

¶1This being, in effect, an action of debt on a judgment, and not a proceeding by scire facias, to revive, the suit was rightly brought in the county of the defendant’s residence.

¶2A levy upon land is no satisfaction of the judgment. Nor does the sale and purchase of the land by the judgment creditor operate a satisfaction of the judgment, if by reason of any substantial defects in the execution or proceedings thereon, no title passed to the purchaser. If the title to the land was not affected by the sale, the consequence is that the judgment debtor is the owner of his estate, as before, and the judgment remains in force, unaffected by anything done under the execution. This seems clear upon principle, and is well settled by authority in point. (Tate et al. v. Anderson, 9 Mass. 92, 95; Ladd v. Blunt, 4 Id. 402; 14 Id. 378.) In the present case, then, it is clear there was no satisfaction of the judgment; for the defendant has actually sued for and recovered back the land by the judgment of a Court of competent jurisdiction. It is thus conclusively established, that the plaintiff acquired no title by his purchase, but the title remained in the defendant, as before the sale, and consequently the judgment remains in full force, unaffected by the sale. Surely it does not lie with the defendant now to say, that the judgment was satisfied by the sale under the execution, when by reason of its nullity he has recovered back the land. Clearly, a proceeding which was void, and conferred no right, cannot operate a satisfaction of the judgment; and it is not for the defendant to say the proceeding was not void, when *471he has so treated it in asserting and maintaining his title to the land.

¶3The judgment not having been satisfied, the present action was well brought to revive it.

¶4The computation of interest at ten per cent, was error, for which the judgment must be reversed, and the proper judgment here rendered.

¶5Reversed and reformed.

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