Seefeld v. Duffer

Citations

• 179 F. 214
• 103 C.C.A. 32
• 1910 U.S. App. LEXIS 4628

Syllabus

<p>1. Courts (§ 359*) — Federal Courts — State Laws as Rules of Decision.</p> <p>In determining the title of real estate, the federal courts are governed by the law of the state as to transfers and alienation, and the effect of decrees and judgments of the state courts and as to the construction of its statutes are controlled by the decisions of its highest court.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 939, 943; Dec. Dig. § 359.*</p> <p>State laws as rules of decision in federal courts, see notes to Wilson v. Perrin, 11 C. C. A. 71; Hill v. Hite, 29 C. C. A. 553.]</p> <p>2. Courts (§ 374*) — Federal Courts — Prooedure of State Courts — Equitable Defenses in Actions at Daw.</p> <p>The rule that equitable defenses cannot prevail against the legal title in the federal courts is not affected by the statutes of the state or the procedure of its courts.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 981; Dec. Dig. 9 374.*]</p> <p>S. Public Lands (§ 172*) — Texas State Lands — Sale of Headright Certificate by Administrator — Effect of Patent to Heirs of Decedent.</p> <p>Where a headright certificate issued by the Board of Land Commissioners of Texas was sold and transferred by the administrator of the holder under an order of court, -was located by the purchaser, and a patent issued in accordance with the usual practice to “the heirs” of the decedent, their heirs and assigns, the purchaser acquired only the equitable title to the land, the legal title passing to the heirs of the deceased.</p> <p>[Ed. Note. — For other cases, see Public Lands, Cent. Dig. § 573; Dec. Dig. § 172.*]</p> <p>4. Judgment (§ 475*) — Collateral Attack — Probate Courts — Granting Administration.</p> <p>Where a probate court, having jurisdiction, has determined that administration upon the estate of a decedent was proper, and has issued letters of administration and administered upon the property, no other court not exercising appellate jurisdiction can correct