Roehl v. Pleasants

Citations

• 31 Tex. 45

Syllabus

<p>Where an administrator sold land to which there was no other title than the location of a rejected and fraudulent certificate, the plea of failure of consideration ought to have been sustained. (Paschal’s Dig., Art. 227, Note 288.)</p> <p>The principle of caveat emptor in judicial sales has no application to such a case. It was simply a question of justice, where the estate parted with nothing and the purchaser got nothing. (Paschal’s Dig., Art. 1333, Note 499.)</p> <p>Neither fraud nor mistake, the suppression of truth nor the suggestion of a falsehood, were matters of inquiry. The law having made it penal to deal in such certificates, to locate them, or survey them, and the constitution having perpetually barred them as claims against the government, the courts cannot respect the sales of them by any person under any proceeding or for any purpose. (Paschal’s Dig., p. 65, secs. 20-21, Note 197; p. 71, Art. 11, secs. 1-2, Note 208.)</p>