Andrews v. Heirs of Spear

Citations

• 48 Tex. 567

Syllabus

<p>1. Alien heir may inherit land.—We are satisfied to follow the decision of Sittegast v. Schrimpf, 35 Tex., 323, and hold, that in 1852 the lands of an alien did not, upon his death, escheat to the State.</p> <p>2. Same—Statute construed.—Such estate, however, is subject to escheat, on proceedings instituted by the State, if the heirs were aliens and failed to comply with the terms of the statute, which is as follows (Paschal’s Dig., art. 44): “In malting title to laud by descent, it shall be no bar to a party that any ancestor, through whom he derives his descent from the intestate, is or has been an alien; and any alien to whom any land may be devised, or may descend, shall have nine years to become a citizen of the Republic and take possession of such land, or shall have nine years to sell, before it shall be declared to be forfeited, or before it shall escheat to the government.”</p> <p>3. Fact case—Alienage.—See facts held insufficient to prove alien-age.</p> <p>4. Practice.—The exclusion of testimony which is insufficient to establish the plea to sustain which it is offered, is no ground for reversal on appeal.</p> <p>5. Plea in reconvention—Parties.—Plea setting up that defendant holds by purchase of a vendee of plaintiffs, and asking a moneyed judgment against plaintiffs in event of their recovery of land sued for. l'lie conveyance from plaintiff, a married' woman, was not duly executed by privy examination, &c., and excluded: Held—</p> <p>1. On excluding the deed from plaintiff, the remaining testimony became irrelevant.</p> <p>2. That the plaintiff’s vendor was a necessary party to relief for purchase-money paid, &c.</p>