Barnett v. Pool

• Decision Date: 01 January 1859
• Citation: 23 Tex. 517
• Parties: EDWARD BARNETT AND ANOTHER v. J. L. POOL AND OTHERS.
• Court: Texas Supreme Court

23 Tex. 517

EDWARD BARNETT AND ANOTHER

v.J. L. POOL AND OTHERS.

Supreme Court of Texas.

1859.

Real estate can only be conveyed in conformity to the law of the country where it is situated.

Although there is a diversity of opinion, as to personal property, it is universally admitted, that the real estate of a bankrupt, situate in a foreign country, does not pass under the assignment.

The facts, that the bankruptcy was a voluntary one, under the bankruptcy law of the United States of 1840; that the property was voluntarily placed in his schedule by the bankrupt; that he delivered the title-papers to the assignee, by whom a sale was made, and a conveyance executed, with his approbation; that the purchase-money was received, and appropriated by the assignee, with his knowledge and consent; that he acquiesced in all the proceedings, and continued, subsequently, to recognize the sale as valid and binding; will not, if the land be situate in a foreign country, create an equitable title by estoppel, in the purchaser, that can be enforced, either against the bankrupt, or a naked trespasser.

ERROR from Anderson. Tried below before the Hon. Charles A. Frazer.

This was a suit by the plaintiffs in error, Edward Barnett and Lafayette N. 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 to Spencer Gloyd, to whom the testimonio of the grant, and chain of conveyance, had been delivered. That in the year 1841, Gloyd made a voluntary application to the United States district court for the eastern district of Louisiana, for a discharge in bankruptcy, and voluntarily embraced the said league of land in the schedule of property surrendered by him, for the benefit of his creditors; and the better to enable the assignee, appointed by the said court, to sell the said land, and as evidence of a title to the same, to be delivered to the purchaser, he delivered to the said assignee all his muniments of title to the said land. That the said land was sold by the assignee, by and with the consent and approbation of Gloyd, to the plaintiff, Lane, and one Adrian Blanchard, whose interest had been subsequently conveyed to the plaintiff, Barnett; and that the assignee, in conformity with the terms and provisions of the sale, and in accordance with the law under which the proceeding was had, and with the consent of Gloyd, executed to the purchasers a title for the said land, by an act of sale, passed in accordance with the law and usage of the state of Louisiana, where the transactions occurred, before a notary public; and at the same time, with the like consent of Gloyd, delivered to them the muniments of title, which the plaintiffs attached to and made a part of their petition. That the said sale was, in all things, fairly and properly made, and that the purchase-money for the land was paid by the purchasers, and distributed among the creditors of the bankrupt. A copy of all the proceedings in bankruptcy, had on the application of Gloyd, were attached to and made a part of the petition. It was further averred, that from the time of the said sale, the taxes upon the land had been paid by the purchasers and those claiming under them; that neither Gloyd nor his heirs, nor any other person under him, had, in any manner claimed the said land, or objected to the said proceeding in bankruptcy, or the sale of the said land; that at the time of the said application in bankruptcy, none of the creditors of Gloyd were citizens of...