Supreme Court of Texas. Galveston, 1854. Edward Russell's Heirs vs. Harvey Randolph

1855 The American Law Register (1852-1891)  
Known as the Early Journal Content, this set of works include research articles, news, letters, and other writings published in more than 200 of the oldest leading academic journals. The works date from the mid--seventeenth to the early twentieth centuries. We encourage people to read and share the Early Journal Content openly and to tell others that this resource exists. People may post this content online or redistribute in any way for non--commercial purposes. Read more about Early Journal
more » ... ntent at JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact RUSSELL'S HEIRS vs. RANDOLPH. RUSSELL'S HEIRS vs. RANDOLPH. granting to him a limited administration pending the suit, but to some one presumed to be indifferent. 1 Williams on Ex'rs, 410. Nor, under our law, can either the next of kin, or creditors, claim a right to such appointment, if occupying an antagonistic relation to those who represent the deceased party. A temporary administration of this sort is not within the letter or spirit of the law prescribing to whom the general administration shall be committed; and it would seem singularly absurd to require that such special administration should be granted to a party whose interest, and perhaps whose first act would be to defeat the very purpose of the grant. Such is not the law. There is no error in the record, and the judgment is affirmed. Supreme Court of Texas. Galveston, 1854. EDWARD RUSSELL'S HEIRS VS. HARVEY RANDOLPH. A grant of land fraudulently obtained, is void ab initio, and no title passes to the grantee, nor is the land separated from the public domain, but remains subject to be located upon a valid certificate. Domicil defined and considered. Practice in the Land Office in Texas. Allen ' Hale, for Plaintiff in Error. HI. Yoakcum, for Defendant in Error. The opinion of the Court was delivered by LIPSCOMB, J.-Edward Russell, the ancestor of the plaintiff in error, came to Texas some time in 1834, and the 21st day of August, 1835, obtained a grant for one league of land in the present county of Montgomery, and shortly thereafter left for the State of Maine, I We are indebted to one of the learned counsel concerned in this case, and are assured that the judgment is of much interest and importance in Texas.-[Eds. A. L. Reg.]
doi:10.2307/3301619 fatcat:x7xodyitmfhk7ciy7rxbabliga