Simmons v. Blanchard

Citations

• 46 Tex. 266

Syllabus

<p>1. Land certificates—Administrators’ sale—Land.—A colonist, with his wife, settled in Mercer’s colony, in 1847, soon after which both died. The husband’s estate was alone administered on, and a colony certificate for 640 acres was issued in the name of the husband, and sold by the admininistrator: Held, That if legally sold, in due course of administration, such certificate being community property, the sale passed the legal title to it, and to any land on which it might be located, from the heirs of both the colonist and his wife.</p> <p>2. Land certificate—Administrators’ sale—Land.—Such a certificate was sold, under order of the County Court, by the administrator, on the estate of the deceased colonist in 1851, and the money paid by the purchaser; there was no formal confirmation of sale, but the same was reported by the administrator to the court, in an exhibit showing the condition of the estate, two years after which the court ordered the administrator to make title to the purchaser to a part of the land afterwards covered by the certificate, which had been patented to the heirs of the colonist. Appellees claimed the land under the original purchaser at administrators’ sale: Held, That these facts,- in connection with other undisputed mesne conveyances to appellees, constituted a right in them to the land as against the heirs of the colonist’s wife.</p>