22 Tex. 412 | Tex. | 1858
We are of opinion, that there is no error in the judgment of the court below. The contract between the appellant and John Casey, was clearly a contract which Casey had no authority or ability to make. There were other persons, besides himself, interested in the land certificate, and they had never authorized him to make any contract for the location of it. The intervenors, Berry and wife, purchased the certificate at administrator’s sale, without any notice of the contract between John Casey and Keen. The land located by virtue of the certificate, was not sold by the Probate Court. The certificate only was sold, and Berry and wife only purchased the
Judgment affirmed*