Donnebaum v. Mary L.
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. W. H. Burkhart. Suit in trespass to try title, brought by appellant on October 13, 1879, against appellees, for the recovery of 150 acres of land. The land was described by metes and bounds in the petition.
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Appeal from Brazoria. Tried below before the Hon. W. H. Burkhart. Suit in trespass to try title, brought by appellant on October 13, 1879, against appellees, for the recovery of 150 acres of land. The land was described by metes and bounds in the petition. Donnebaum claimed title under a deed from a constable of Brazoria county, by .whom the land was levied on and sold as the property of Tinsley, on the 2d of July, 1878, to satisfy an execution issued by a justice o£ the peace, on the 8th of June, 1878, in favor of Wm. F. Wilson against I. H. Tinsley, at which sale he became the purchaser. He…
1Opinion of the Court
Quinan, Commissioner.
The constable’s deed to Donnebaum was insufficient to convey the land. It does not sufficiently describe the land. Under the strict rules of construction applied to conveyances by officers who sell *365property under execution, a deed like that in this case, purporting to convey an undesignated part of a larger tract of land, is void. Wooters v. Arledge, Galveston Term, 1881, infra.
But the title of a purchaser of land at sheriff’s sale does not depend upon the deed. It rests upon a valid judgment, levy and execution sale, and the payment of the money. The sheriff’s deed is…
2Cases cited5 opinions
- Howard v. NorthTexas Supreme Court · 1849
- Baker v. ClepperTexas Supreme Court · 1863
- Riddle v. BushTexas Supreme Court · 1864
- Cavanaugh v. PetersonTexas Supreme Court · 1877
- Flemming v. PowellTexas Supreme Court · 1847
3Cited by14 opinions
- Weaver v. NugentTexas Supreme Court · 1888
- Griggs v. MontgomeryCourt of Appeals of Texas · 1929
- Gillette v. DavisCourt of Appeals of Texas · 1929
- Heirs of Logan v. PierceTexas Supreme Court · 1886
- Jackson v. First Nat. BankCourt of Appeals of Texas · 1927
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