Lewis v. Johnson
| Decision Date | 10 June 1887 |
| Citation | 4 S.W. 644 |
| Parties | LEWIS and another v. JOHNSON, Jr. |
| Court | Texas Supreme Court |
Simpson & James, for appellants. Baker, Archer & Clarke, for appellee.
This action was brought by the appellee to recover an undivided one-half of two sections of land located and patented by virtue of two land certificates, which P. T. & M. V. Adams, who were partners doing a land and cattle business, owned and located in 1875. After the lands were located, surveyed, and the field-notes returned to the general land-office, on March 1, 1876, P. T. & M. V. Adams, by a written conveyance, duly acknowledged, transferred the certificates to W. C. Adams, to whom the land was patented in the year 1880, and by conveyances through him the appellants deraign title. The conveyance of the certificates to W. C. Adams was never recorded in the county in which the lands are situated, but it was filed in the general land-office soon after it was executed. On April 6, 1877, George S. Johnson, Sr., brought an action against P. T. Adams, on a demand for money, in which he caused a writ of attachment to be levied on an undivided half of the two tracts of land. Judgment was rendered in his favor in that action, and the land attached was directed to be sold; which was done on June 3, 1879, when the appellee became the purchaser. The action in favor of George S. Johnson, Sr., who was the father of George S. Johnson, Jr., was instituted by the latter as the attorney for the former, under an agreement that he should have one-half of what he might recover from P. T. Adams.
When George S. Johnson, Jr., bought the lands at sheriff's sale, he paid the costs of suit, and credited the amount of his bid on the judgment; but afterwards the matter was adjusted between himself and his father, he retaining whatever interest in the lands the sheriff's deed conveyed to him. Neither George S. Johnson, Jr., nor his father had any notice that the land certificates had been conveyed to W. C. Adams at the time the facts transpired through which the former claims the land, unless the filing of the transfer in the general land-office affected them with notice. It is claimed by the appellants that this was the effect of that fact.
It is well settled "that contracts in writing concerning land, to have effect against innocent purchasers and creditors, must be proved and recorded; so must a contract which is to affect or pass an interest in land after...
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