Rutherford v. Stamper

Citations

• 60 Tex. 447
• 1883 Tex. LEXIS 356

Syllabus

<p>1. Sale by heirs.— A conveyance by the heirs, of an estate which vested in them on the death of the ancestor, and which was made pending administration on the estate, vests in the purchaser whatever interest is left at the close of administration.</p> <p>2. Same.—If the deed be to a specific tract, described by metes and bounds, being part of a larger tract, in which the ancestor owned an undivided interest, the deed would not be void, but would be valid against the grantor, and Would bind by estoppel at least his interest in the specific land conveyed. It could not prejudice the rights of the other joint owners; but if on partition the specific land should be allotted to the vendor, his deed would vest his right in the purchaser.</p> <p>3. Collateral proceeding.— An issue cannot be raised by heirs in a collateral proceeding that property of the estate had been purchased indirectly by the administrator in violation of the statute (General Laws 1876, p. 114, § 8). The remedy is by direct proceeding instituted by some one interested in the estate in a reasonable time.</p>