Hurt v. Moore
Texas Supreme Court
Error from Anderson. Tried below before the Hon. John H. Reagan. Suit by appellee against appellant, on a promissory note.
Read the full summary
Error from Anderson. Tried below before the Hon. John H. Reagan. Suit by appellee against appellant, on a promissory note. The petition contained the following allegation: That said promissory note was executed in part consideration of a certain tract of land sold by said plaintiff to said Hurt, and described as follows, to-wit: situated in the County of Anderson and State aforesaid, near the town of Palestine, it being the remaining portion of a thirty-one and one-half acre tract which was sold to the said Hurt by one Wm. M. Micheaux, and which said land was afterwards conveyed to the said…
1Opinion of the CourtWheeler, J.
The judgment enforcing the lien does not contain any intelligible description of the land ; nor does it contain any reference to any matter of record, or other matter, accessible to the Sheriff, by which he may ascertain upon what land he is to levy the execution. If he were to attempt its execution according to the directions which the plaintiff might give, he would incur a risk to which it would be unreasonable to subject him. The description of the land ought to be such that the Sheriff may ascertain with certainty, without relying on the plaintiff for information, upon what he is to levy…
2Cited by1 opinion
- Townsend v. RatcliffTexas Supreme Court · 1878