Peterson v. Lowry

Citations

• 48 Tex. 408

Syllabus

<p>1. Instrument relating to lands.—A written acknowledgment by the grantee of a land certificate already located, that he had previously sold and conveyed it, is an instrument relating to lands, and, as such, proper to be recorded. When duly recorded, it is notice to subsequent purchasers from the maker of such instrument.</p> <p>2. Probate sale.—Where there is an order of sale, sale, report, and confirmation, and evidence that the purchase-money was paid, irregularities in the proceedings taken in making a probate sale , will not affect the validity of such sale.</p> <p>3. Vendee.—A second purchaser cannot defeat an older transfer from his vendor by showing that the first purchaser of the land certificate had not paid the purchase-money, when it also appeared that said vendor had established such debt as a claim against the estate of the said deceased purchaser.</p> <p>4. Notary public acting out of his county.—It seems that a record would not be rendered invalid as notice, by showing that the deed was acknowledged before a notary public outside of his county.</p> <p>5. Certificate of proof of deed.—“Nor are we prepared to hold, that a certificate regular upon its face, upon which an instrument has been recorded, can be set aside as a nullity by extraneous facts, so as to prevent the record of the instrument from being notice to subsequent purchasers.”</p> <p>6. Evidence.—A witness called to identify a transfer in which an error occurs, as relating to a certificate located and surveyed by such witness, may speak of such transfers; and the testimony is not secondary, the instruments themselves being in evidence.</p>