208 S.W. 991 | Tex. App. | 1919
This court did not, as claimed in the motion, hold that the deed from Reynolds to appellee was notice in itself to the Kellers that Hildebrand had *992
parted with title to the land, and the opinion is in thorough accord with "Grace v. Wade,
The authorities relied upon by appellant cannot be applicable to the facts of this case, because each and every one refers to cases in which parties had acted on notice given by the record. Appellant or the Kellers did not act upon any such notice. If the judgment obtained by the Kellers had been against Dolan, in whom the record title rested, and the abstract of judgment had sought to fix the lien against Dolan, appellant would occupy the position he has sought to attain; but the judgment was against Hildebrand alone, and the land was levied upon and sold as his property. There was no record title, nor any other kind of title, in Hildebrand at the time. Only the right, title, and interest of Hildebrand was sold to appellant under execution, and he had no right, title, or interest in the land. Registration laws cannot be invoked by appellant.
The case of Grace v. Wade,
The motion for rehearing is overruled.
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