Merriweather v. Kennard

Citations

• 41 Tex. 273

Syllabus

<p>1. Conditional certificates issued to emigrants under the land law of 1837, and prior to the passage of the act of January, 1839, could he transferred by the grantees.</p> <p>2. Void administration.—An original administration, granted in 1850, upon an estate of an intestate who had died in 1841, and in •which tlie only property inventoried was a conditional head-right certificate which liad been transferred by the intestate, is void, and upon such facts appearing in the record, the administration should liave been dismissed by the probate court.</p> <p>3. Decree void for want of jurisdiction.—An order of the probate court directing the administrator to convey the land patented under such certificate in name of the deceased to the holder of the assignment of the conditional certificate, is void for want of jurisdiction.</p> <p>On Rehearing.</p> <p>4. Unconditional certificate issued to assignee.—The unconditional certificate having issued to the assignee, the patent, although in the name of the original holder of the certificate, passed title to the assignee, and a deed from the heirs of the patentee passed no estate as against such assignee.</p>