Ackerman v. Smiley

Citations

• 37 Tex. 211

Syllabus

<p>1. The title and interest of an heir in the real and personal estate of his intestate ancestor become vested and fixed immediately upon the death of the latter ; and such title and interest, though encumbered with the ancestor’s debts, are none the less the subject of sale and transfer by the heir, either by a present conveyance or by bond for execution of title when partition of the estate shall be made.</p> <p>%. A purchaser with general -warranty takes not only his vendor’s title at the time of the sale, but also whatever title his vendor may subsequently acquire ; and this principle applies to a sale by an heir of a particular tract of land, part of his ancestor’s estate, which such heir expects will be allotted to him upon partition of the estate.</p> <p>3. If a tract of land belonging to an unpartitioned estate is subject to a lease for years, and a person purchases the fee from an heir who expects that particular tract to be allotted to him, taking and duly recording the heir’s bond to make him title when the estate shall be partitioned, and then the purchaser also buys up the lease and thereby obtains possession, the lease becomes merged in the fee, and his possession is as purchaser of the fee, and is notice to all the world of his claim to the . fee under his recorded title bond.</p> <p>4. The facts that a vendor was in debt, and was selling ofl his property as fast as he could, are not in this case deemed sufficient evidence to establish fraud in his sale; and are of no legal significance, to impeach the vendee’s title, when there was no proof that the latter had any knowledge of them.</p> <p>5. An heir who expected a particular tract of land to be allotted him, sold it and received the purchase-money, executing his bond to make title when partition should be made. The land being afterwards sold by the administrator, the heir bid it off, and prayed the probate court to order the deed to be made direct to his vendee as the equitable owner. It seems that