33 Tex. 522 | Tex. | 1870
This is an action.to try title. The parties deraign title from the same patent. A. C. Whatley purchased the land in- controversy from Millican, and, as appears from the evidence, paid for it with money belonging to his father, A. J. What
In Blankenship v. Douglass, 26 Texas, 225, the court say: “It seems well settled that a judgment lien on the land of a debtor is subject to every equity which existed against the land in the hands of the judgment debtor at the time of the rendition of the judgment ; and that courts of equity will protect such equities against the legal lien, and will limit that lien to the actual interest which the judgment debtor has in the estate.”
A resulting trust is protected against the operation of the registration laws.
But the court erred in excluding the evidence of A. O. Whatley. He was called to testify against his interest, and was therefore competent. The judgment of the district court will be reversed and the cause remanded to be proceeded in in accordance with this opinion.
Reversed and remanded.