Renick & Frazier v. Dawson

Citations

• 55 Tex. 102
• 1881 Tex. LEXIS 90

Syllabus

<p>1. (Description—Deed — Land certificate.—A deed was made to unpatented land, describing it by metes and bounds, which contained a recitation that the commissioner o£ the general land office was authorized to issue patent to the purchaser “as assignee,” and concludes as follows: “And I, the said W. M., also transfer the six hundred and forty acre certificate in the name of---, issued to him on the-day of-, 18—, to said B. D., his heirs and assigns.” At the time of the execution of the deed, a certificate for more than six hundred and forty acres had been located by the vendor on the land described in the deed, the field notes of the survey being identical with the description contained in the deed. In a suit by the vendee to recover the land, brought against a third party to whom patent had issued, held,</p> <p>(1) The transfer of a certificate for six hundred and forty acres of land, upon which the commissioner might patent the land to the vendee, could mean no other certificate than that by virtue of which it was located and surveyed.</p> <p>(2) The certificate, by its location, merged in the land.</p> <p>(3) To describe the land was to identify the certificate by virtue of which it was located.</p> <p>(4) A subsequent abandonment of the location would not divest the title of the vendee to an interest of six hundred and forty acres in the certificate.</p> <p>3. Notice—Purchaser.—A purchaser is charged with notice of all facts recited in the deed through which he claims title.</p> <p>3. Notice—Recitations in deed—Purchaser. —When the recitations in a patent to land show that one of the mesne conveyances of the certificate on which the patent issued was made by a bankrupt to his assignee in bankruptcy, the patentee acquires by virtue of his patent only such estate as the bankrupt could convey. A purchaser of property at a bankrupt sale takes the property subject to all the equities with which it was chargeable in the hands of the bankrupt.</p>