McGahan v. Baylor

Citations

• 32 Tex. 789

Syllabus

<p>1— A giant to the “ heirs” of a decedent, made in Texas in 1827, could enure only to such persons as were heirs according to the civil law, then in force here; and persons who, although heirs according to the common law, were then domiciliated in the United States, and therefore incapable of then taking land in this country by inheritance, could acquire no title under such a grant. The cases of Tates v. lams, 10 Tex., 168, and Holliman v. Peebles, 1 Tex., 673, cited by the court.</p> <p>2— The rule that a j oint tenant or tenant in common can not convey part of the ■land by metes and bounds, is subject to qualifications founded on equity ■and good conscience. A purchaser by metes and bounds from such a tenant will be protected so far as is consistent with the rights of the co-tenants of the vendor.</p>