Williams v. McDonald
Texas Supreme Court
Appeal from Polk. This was a suit brought by an administrator upon a note given for the purchase money for land, located and surveyed by virtue of a headright certificate, sold at the administrator’s sale. The defence was failure of consideration, in consequence of failure of title.
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Appeal from Polk. This was a suit brought by an administrator upon a note given for the purchase money for land, located and surveyed by virtue of a headright certificate, sold at the administrator’s sale. The defence was failure of consideration, in consequence of failure of title. It appeared in evidence that the sale was made in 1848, and that the failure of the title of the purchaser was occasioned by the failure to return the field notes of the survey by the 31st day of August, 1853. There was no averment or proof of any fraud or deception practiced by the administrator in making the…
1Opinion of the CourtWheeler, J.
It is well settled that a sale of land by an administrator, under an order of the Probate Court, 'is a judicial sale, to which the rule of caveat emptor applies; and mere defect of title is no defence to an action to recover the purchase money. In such sales there is no warranty express or implied. (4 Tex. R. 431; 3 Watts & Serj. 444.)
But it appears that the failure of title complained of in this case, arose from the defendant’s own negligence and fault. After the sale, whatever remained to perfect the title and obtain the patent, it devolved on the purchaser to do. By his purchase he…
2Cited by5 opinions
- Medlin v. WilkinsTexas Supreme Court · 1883
- Turney v. WilliamsTexas Supreme Court · 1876
- Altgelt v. MernitzCourt of Appeals of Texas · 1904
- Akin v. HornCourt of Appeals of Texas · 1883
- Roehl v. PleasantsTexas Supreme Court · 1868