Horace Gray

“ And it is assumed, in the briefs of both parties, that the Walter F. Hamilton named in the petition and the Walter Hamilton named in the answer were the same person, and that the question to be decided is whether the judgment in escheat, or the sheriff's sale under that judgment, bars the plaintiffs claiming as his heirs.
By the law of England, before the Declaration of Independence, the lands of a man dying intestate and without lawful heirs reverted by escheat to the king as the sovereign lord ”

“ We think, however, that it is quite evident this section of the constitution is in conflict with, and therefore revokes, the authority conferred by the statute of 1848 upon the court to order the sale of escheated land, if such, indeed, can be held to be the proper construction of this statute, in view of the conflicting provisions of its different sections.' 41 Tex. ”

“ But it was within the power of the legislature of Texas to provide for determining and quieting the title to real estate within the limits of the state and within the jurisdiction of the court, after actual notice to all known claimants, and notice by publication to all other pesons. Phillips v. Moore, 100 U.S. 208, 212; Arndt v. Griggs, 134 U.S. 316, 10 Sup. Ct. 557; Hardy v. Beaty, 84 Tex. 562, 569, 19 S. W. 778.
When a man dies, the legislature is under no constitutional obligation to leave the title to his property, real or personal, in abeyance for an indefinite period ”

“ The like opinion was expressed by Chief Justice Shaw upon the effect of proceedings under a similar statute of Massachusetts, in a case in which it was held that a conveyance of real estate of a citizen dying intestate and without heirs could not be made by the commonwealth until the rendition of judgment in its favor upon an inquest of office. The chief justice said: 'Where a subject dies intestate, as the estate descends to collateral kindred indefinitely, the presumption of law is that he had heirs ”

“ In this country, when the title to land fails for want of heirs and devisees, it escheats to the state as part of its common ownership, either by mere operation of law, or upon an inquest of office, according to the law of the particular state. 4 Kent, Comm. 424; 3 Washb. Real Prop. (4th Ed.) 47, 48.
By the constitution of 1836 of the republic of Texas (article 4, § 13) , it was provided that the legislature should, 'as early as practicable, introduce, by statute, the common law of England, with such modifications as our circumstances, in their judgment, may require.' 2 Chart. ”

“ This definition of the duties of the comptraller in the constitution of 1869 nearly follows the words of the statutes existing at the time of its adoption. Pasch. Dig. arts. 3670, 5194, 5414, 5416, 5418, 5420, 5424, 5426. The principal difference is in substituting, for the words of section 14 of the act of 1848, requiring the comptroller to 'keep just accounts of all moneys paid into the treasury, and of all lands vested in the state, under the provisions of this act,' the words, 'take charge of all escheated property ”