Simpson v. Chapman

Citations

• 45 Tex. 560

Syllabus

<p>1. Sheriff’s sale — Bona fide purchaser. — A land certificate, issued October 5,1847, was located, the survey made December 2, 1851, and the field-notes duly returned to the land office. In Jan-nary, 1853, the grantee of the certificate contracted with C to obtain patent for the land in O’s name, or have the title to the land vested in 0 without expense. The land was in Hood county, and was levied on, August 3,1870, under an execution from Gonzales county, against the grantee, and sale was made of the land April 4,1871, and the sheriff’s deed placed on record. In the interval between the levy and sale 0 placed a tenant in possession of part of the land. June 12, 1871, the contract between the grantee and 0, together with a deed carrying it out, were placed on record : Held, That the levy of the execution fixed the lien upon the land, and the purchaser took a good title against 0, notwithstanding his possession of part of the land at the time of the sale.</p> <p>2. Statute construed — Assignee’s title. — The act of January 29, 1840, allowing assignees of land certificates, six months after the issuance of a patent, in which to prove up and record their deeds to the certificate, applied only to the assignments of certificates made before their location.</p> <p>3. Same — Sale of land certificates. — After a certificate has been located it is merged in the land, and its transfer is governed by the law for transfer of land, as to mode of convej^anee, registration, &c.</p>