Barnett v. Pool
Texas Supreme Court
Error from Anderson. Tried below before the Hon. Charles A. Frazer. This was a suit by the plaintiffs in error, Edward Barnett and Lafayette IST. Lane, against the unknown heirs of Spencer Gloyd, to establish their title, and have decreed to them the legal title for a league of land situate in the said county; and also to recover the possession of the same from the defendant, J. L. Pool.
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Error from Anderson. Tried below before the Hon. Charles A. Frazer. This was a suit by the plaintiffs in error, Edward Barnett and Lafayette IST. Lane, against the unknown heirs of Spencer Gloyd, to establish their title, and have decreed to them the legal title for a league of land situate in the said county; and also to recover the possession of the same from the defendant, J. L. Pool. The plaintiffs averred, in their petition, that the land in controversy had been granted in 1835, by the government, by valid title, to William R. Wilson, and by him conveyed to Adolphus Sterne, and by Sterne…
1Opinion of the CourtWheeler, C. J.
It is the well settled doctrine of the common law, that real property is exclusively subject to the laws of *520the government, within whose territory it is situate. Every disposition of real estate must depend, for its validity, upon its conformity to the law of the country in which that estate is situated. This principle is applied to the case of foreign bankrupt laws; although, as to personal property in a foreign country, there is a diversity of opinion as to the effect of the assignment in bankruptcy, it is universally admitted, that the real estate of the bankrupt so situate, does not pass…
2Cited by7 opinions
- Colden v. AlexanderTexas Supreme Court · 1943
- Moseby v. BurrowTexas Supreme Court · 1880
- Harvey v. EdensTexas Supreme Court · 1887
- Simmons v. O'ConnorCourt of Appeals of Texas · 1941
- Gross Income Tax Division v. BartlettIndiana Supreme Court · 1950
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