Murray v. Land
Texas Supreme Court
Error from Red River. Tried below before the Hon. Wm. S. Todd. This is a suit by John Land and Matilda A. Land against H.. F. Murray, on a promissory note, .and to enforce the vendor’s lien on certain land.
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Error from Red River. Tried below before the Hon. Wm. S. Todd. This is a suit by John Land and Matilda A. Land against H.. F. Murray, on a promissory note, .and to enforce the vendor’s lien on certain land. The only description of the land in the pleadings, and in the judgment of the court, is that contained in the note sued on, which is as follows: . “ Twelve months after date I promise to pay John Land and Matilda Land eight hundred and forty dollars, payment in part of a tract of three hundred and sixty acres of land bought of them, lying west of Ward’s on Out-hand creek, and in the east…
1Opinion of the CourtBell, J.
There is no sufficient description of the land which the decree of the court orders to be sold. The land ought to have been so described in the judgment, as to make it certain that the sheriff could execute the decree of the court. It is not enough to say that if the sheriff makes a mistake and sells the wrong land, the plaintiff in error will not be injured by it. Some other person may be injured. Judicial proceedings should be conducted in such manner as to secure the rights of parties, without any reliance upon “the chapter of accidents.” The land which the plaintiffs below sought to…
2Cited by2 opinions
- Kelly v. GibbsTexas Supreme Court · 1892
- Bourcier v. EdmondsonTexas Supreme Court · 1883