Melton v. Turner
Texas Supreme Court
Appeal from Navarro. Tried below before the Eon. F. P. Wood. Suit by appellee filed January 19,1872, to recover 1280 acres of land known as the headright of Jos. Young, deceased, lying in Navarro county. The appellants attempted to deraign title through a deed made by Asa Wheeler, administrator of the estate of Joseph Young, deceased, to Charles Bigelow, the purchaser at administrator’s sale.
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Appeal from Navarro. Tried below before the Eon. F. P. Wood. Suit by appellee filed January 19,1872, to recover 1280 acres of land known as the headright of Jos. Young, deceased, lying in Navarro county. The appellants attempted to deraign title through a deed made by Asa Wheeler, administrator of the estate of Joseph Young, deceased, to Charles Bigelow, the purchaser at administrator’s sale. The introduction of this deed in evidence was objected to, because it appeared upon its face that the land had been sold by the administrator at the court house door in the county of Harris, and not in…
1Opinion of the CourtWalker, J.
At the time of the sale by Wheeler, the administrator of Young’s estate, to Bigelow, there was no law in Texas which directed that a land certificate must be sold at the door of the court house of the county in which the land lay, upon which the certificate may *85have been located. It is true the sale of the certificate carried with it to the purchaser any equity which the owner of the certificate might have acquired in the land on which it had been located, but the certificate had not yet merged in a patent; it was, therefore, only a chattel, and could.be sold, as other personal property, by…
2Cited by3 opinions
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