Heirs of Newman v. Dallas
Texas Supreme Court
Appeal from Washington. Tried below before the-'Hon. R. E, B. Baylor. This suit was brought by James L. Dallas, guardian of Lucinda: Dallas, minor child and sole heir of Walter R. Dallas, deceased, against the heirs of William S. Newman, deceased, to perfect the title to three hundred and twenty acres of land, located by virtue of a certificate, which was alleged to have been sold to the ancestor of plaintiff by the ancestor of defendants.
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Appeal from Washington. Tried below before the-'Hon. R. E, B. Baylor. This suit was brought by James L. Dallas, guardian of Lucinda: Dallas, minor child and sole heir of Walter R. Dallas, deceased, against the heirs of William S. Newman, deceased, to perfect the title to three hundred and twenty acres of land, located by virtue of a certificate, which was alleged to have been sold to the ancestor of plaintiff by the ancestor of defendants. On the 20th day of November, 1841, William S. Newman sold, for a good and valuable consideration, to Walter R. Dallas, his conditional headright…
1Opinion of the Court
Wheeler,. C. J.
The plaintiff sought to recover the land in question by virtue of the sale by the ancestor of the defendants to the plaintiff's ancestor of the conditional certificate of the former, issued under the Act of the 4th of January, 1839, (Hart. Dig., art. 1924,) and the alleged confirmation of the sale by the vendor. But we are of opinion that the plaintiff failed to make out a case which will support the recovery.
The conditional certificate was not the subject of sale by the grantee. (Hart. Dig., art. 1924; Turner v. Hart, 10 Tex. R., 438.) The purchaser could acquire no right to…
2Cited by1 opinion
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