Baylor v. Scottish-American Mortg. Co.

• Decision Date: 25 February 1895
• Docket Number: 344.
• Citation: 66 F. 631
• Parties: BAYLOR v. SCOTTISH-AMERICAN MORTG. CO. et al.
• Court: U.S. Court of Appeals — Fifth Circuit

66 F. 631

BAYLOR v. SCOTTISH-AMERICAN MORTG. CO. et al.

No. 344.

United States Court of Appeals, Fifth Circuit.

February 25, 1895

The land in question, known as the 'George W. Wheelock League,' lies in Taylor and Runnels counties, state of Texas, and was located by virtue of floated certificate No 55. The certificate was originally located upon certain land in Nueces county, but this location was shown by the evidence to be void, by reason of being in conflict with an older grant, and the certificate was therefore floated to the land described in the complaint, and located thereon by a subsequent survey and patent to the heirs of George W Wheelock. The property having been community estate of Wheelock and wife, one-half became vested at his death in his widow, afterwards Mrs. Ann Walling, and the other half in his grandson and only heir, George W. Barton. Complainant claimed through mesne conveyances, under deeds from these two parties; the first deed being from Ann Walling to William E Rogers, and the second from George W. Barton to T. D Collins. Both of these deeds described the land in Nueces county, and the Walling deed stated that it was located by virtue of headright certificate No. 55, belonging to George W. Wheelock, but the Barton deed omitted any such statement.

These two deeds were filed in the land office at Austin, and became records of that office, but copies thereof, certified by the commissioner of the land office, but copies thereof, certified by the commissioner of the land office, were recorded in Taylor and Runnels counties. After the above deeds were so recorded, and after the patent had issued granting the land in Taylor and Runnels counties to the heirs of George W. Wheelock, Mrs. Ann Walling and George W. Barton executed two other deeds, each purporting to convey one-half these lands to one J. P. Greenwade. The defendants derive their title through the said Greenwade, claiming to be bona fide purchasers without notice of complainant's superior title. Although the deed from George W. Barton to T. D. Collins, of the land in Nueces county, failed to state that the land described was located under the Wheelock certificate, the certified copy of the deed, which was recorded in Taylor and Runnels counties, had attached to it the following certificate from the acting commissioner of the general land office of Texas:

I. L. E. E. Kellner, chf. clk. and act. comr. of gnl. land office for the state of Texas, hereby certify that the foregoing is a true and correct copy of the original transfer on file in this office, and that it forms a link in the chain of title to one-half interest in a league of land, being part of headright certificate No. 55, issued to E. L. R. Wheelock, admr. on the estate of George W. Wheelock, dece'd, by the board of land commissioners of Robertson county, on the first day of July, 1839, for one league of land; and I further certify that this copy is delivered to the interested party under Act 2d June, 1873, and is to have the same force and effect of the original. In testimony whereof I have hereunto set my hand, and caused to be affixed the official seal of this office, this ninth day of August, 1873.

(Seal.). . . L. E. E. Kellner,

Chf....